Risalat al-huquq Journal

Protecting society requires a comprehensive vision to achieve security, safety, and stability for citizens. The primary source for this is criminal law, which reflects the opinion of the people and the community at large in defining deviant behavior and the penalties prescribed by law. It is a mirror of the community\'s views and the prevailing social customs, traditions, and political changes. Our society is one of those that strongly adheres to these customs and traditions. Therefore, it is essential to clarify the role of criminal policy in refining these negative social customs, in addition to addressing political changes. Furthermore, there are security challenges, the most serious of which is terrorism, and the rapid pace of technological development, which has emerged as a major challenge to criminal law. The widespread use of the internet, especially with the emergence of security measurement programs for computer systems, has also presented new challenges. This has led to the emergence of new crimes and the difficulty of proving them. Moreover, modern technology must be mastered by security and judicial authorities to be able to detect, prove, and punish crimes. In conclusion, we have arrived at a number of conclusions and proposals, the most prominent of which is that culture... Society plays a significant role in shaping individuals\' positive and negative behaviors. Therefore, it is essential to raise legal awareness among individuals by holding educational seminars and developing programs that address misguided cultural attitudes and enhance the technical expertise of investigative and judicial bodies.

Cybercrime is of great importance to the international community, as its international nature has compelled the international community to adopt effective policies to confront it, especially since its importance stems from its special legal nature. It is one of the prominent phenomena in the modern world, as its impact is not limited to individuals, but also extends to institutions, companies, government systems, and the national security of countries. Therefore, the legislative shortcomings regarding these crimes have created a flaw in the process of confronting cybercrime and have clearly affected the achievement of criminal justice in combating it. Consequently, the weakness of legal legislation and procedures has led to a weakness in the ability of authorities to confront it. These crimes impose great pressure on security and legal systems, which necessitates the continuous development of policies and legislation to combat them. What has increased their severity and impact is that they are crimes that are difficult to detect and prove in court. Therefore, many countries have begun to legislate this phenomenon in order to deter and reduce it at the international and local levels, and then try to confront it with new means and strategies

This research summarizes the legal framework for the process of allocating and transferring land ownership for educational purposes in Iraq. The research discusses the legislative means available to educational institutions to allocate and acquire land and the legal and administrative challenges they face. It proposes solutions to enhance the effectiveness of legal texts related to educational institutions to achieve sustainable development in the education sector. It also studies the government\\'s role in regulating the process of allocating and transferring land ownership for educational purposes, ensuring a balance between public interests and individual rights.

Manuscripts are among the most important types of cultural heritage for any country, so their protection is of great importance. It is important to inform future generations about their country’s heritage, as every people should be informed about their civilizations and heritage, in order to enhance the national and human spirit and stimulate the creative abilities of society through knowing what was left behind by those who came before them and benefiting from their experiences and expertise, and citing the sublime and noble values in a way that contributes to strengthening dialogue between cultures and respect for oneself, one’s identity, one’s national affiliation, one’s ancestors and one’s country. In order to preserve the cultural heritage, this requires a legal means capable of preserving the manuscript heritage from the dangers that it may be exposed to at the level of constitutional legislation, first, and then its impact on ordinary legislation, as well as at the level of international law. Through this research paper, we will learn about the concept of manuscripts from a legal perspective, and then clarify the position of the Iraqi legislator on protecting the national heritage represented by the manuscript heritage, as stated in Article (113) of the Constitution of the Republic of Iraq for the year 2005, which considered manuscripts to be natural resources, and what is the impact of this article on legal stability under the Antiquities and Heritage Law No. (55) of 2002, which allowed the holy shrines to possess manuscripts, and the practical application of the constitutional text, thus enabling the administration of the holy shrines to protect their manuscripts through the legal means available to them.

This research aims to study Iraq\'s preventive criminal policy towards social protests by analyzing the legal and social foundations governing the right to peaceful assembly and evaluating the effectiveness of preventive measures in protecting public order and ensuring citizens\' balanced exercise of their fundamental rights. The research comprises two main sections: the first reviews preventive and remedial measures in response to social protests, while the second examines procedural measures, including defining the spatial jurisdiction of public squares and streets, imposing time limits and licensing procedures, and guarantees for the protection of demonstrators. The research employs a descriptive-analytical approach, examining relevant legal texts and comparing them with the theoretical foundations of preventive criminal policy, drawing upon jurisprudence and Iraqi social realities. The findings indicate that Iraq\'s preventive criminal policy seeks to protect society and public facilities and prevent harm before it occurs. Furthermore, defining locations and imposing time limits reduces chaos and promotes civilized behavior among demonstrators. The clarity of legal texts and the existence of judicial and administrative guarantees contribute to limiting abuse and encourage peaceful protest. However, legislation requires periodic updating to cover all types of protests in front of important government facilities and to keep pace with social and political transformations, thereby enhancing the effectiveness of preventive policy and achieving a balance between freedom and security

The crime under study in this research falls within the category of unspecified occupational crimes in Iraqi legislation in general, and in the Penal Code in particular, where the legislator was satisfied with including it under a general heading in the aforementioned law. Due to its overlap with a number of other crimes in some of its constituent elements, we found that some tend to confuse it with other crimes that constitute an attack on the same legally protected interest. On the other hand, the recent rise in its occurrence rates has motivated us to shed light on the legislative approach to addressing it, in order to remedy the legislative gaps that have enabled perpetrators to escape criminal legal liability. In the conclusion of this research, we presented the results of our analytical review of the legal text that defines this crime, including findings and recommendations that we believe strengthen the legislative response to the crime under discussion. Foremost among these is naming the crime as \'the crime of unjust financial collection for the state\' to distinguish it from other occupational crimes related to financial administrative corruption. Additionally, we recommend imposing a proportional fine on the perpetrator equal to twice the amount unjustly collected from the person obligated with the public financial burden.

The United States and Israel are considered major players in the Middle East, and each has significant influence on political, security, and economic developments in the region. The United States is strengthening its military presence in the region through its military bases in several countries, contributing to a certain balance of power that serves its strategic interests. The close relationship between the United States and Israel plays an important role in Middle East policy, particularly as the United States\' continued support for Israel, including military and economic aid, enhances Israel\'s ability to implement its policies in the region. In turn, Israel is a strategic ally of the United States in confronting regional challenges, such as Iranian influence. Both the United States and Israel significantly influence the course of events in the Middle East, whether through military and political support or through economic relations and strategic alliances. This mutual influence constitutes a significant part of the region\'s dynamics and determines much of its future direction.

Fair competition is one of the main pillars of contemporary commerce, as it balances the interests of traders and protects consumers, in addition to supporting innovation and improving the quality of products and services. For this reason, commercial laws have paid great attention to establishing legal controls to regulate competition and avoid negative practices that undermine its fairness. The legal protection of fair competition is embodied in several key areas, such as addressing monopolies, preventing the abuse of market dominance, prohibiting secret agreements between companies, and combating misleading advertising and commercial fraud. Moreover, the laws specify strict penalties for anyone found to be involved in illegal practices that harm competition. Specialized competition protection laws, such as the Competition Protection and Antitrust Law, are among the most important protection tools, in addition to the role of regulatory bodies specialized in monitoring markets and investigating violations. Most countries, including Iraq and comparative legislation in Lebanon, have passed legislation to protect fair competition in accordance with international standards, with the aim of achieving a balance between market freedom and preventing harmful abuses

Fair competition is one of the main pillars of contemporary commerce, as it balances the interests of traders and protects consumers, in addition to supporting innovation and improving the quality of products and services. For this reason, commercial laws have paid great attention to establishing legal controls to regulate competition and avoid negative practices that undermine its fairness. The legal protection of fair competition is embodied in several key areas, such as addressing monopolies, preventing the abuse of market dominance, prohibiting secret agreements between companies, and combating misleading advertising and commercial fraud. Moreover, the laws specify strict penalties for anyone found to be involved in illegal practices that harm competition. Specialized competition protection laws, such as the Competition Protection and Antitrust Law, are among the most important protection tools, in addition to the role of regulatory bodies specialized in monitoring markets and investigating violations. Most countries, including Iraq and comparative legislation in Lebanon, have passed legislation to protect fair competition in accordance with international standards, with the aim of achieving a balance between market freedom and preventing harmful abuses

Contracts based on personal considerations focus on the contractor\'s personality or an essential characteristic of theirs. This characteristic, or one of their attributes, becomes the driving force behind entering into the contract, a fundamental element of the agreement, or one of the reasons for its formation. This depends on the will of both parties, as personal considerations are essential to the execution of such contracts. Furthermore, personal considerations can constitute a fundamental characteristic, and any error in this regard could lead to contract termination, at the contractor\'s discretion. The central issue revolves around the extent to which personal considerations influence the regulation of consultancy contracts. This study aims to clarify the legal framework for administrative consultancy contracts and highlight their unique characteristics compared to other types of contracts. Personal considerations are a fundamental element of consultancy contracts, justifying the necessity of subjecting them to a specific oversight system. This system would limit abuse and ensure the sound management of public funds.

In distinguishing between the moral damage dealt with by the Iraqi law in the text, the judiciary by definition, sentencing and jurisprudence dealt with by a full explanation, which we will call the (traditional) damage, and the moral damage, the provisions of which came in the laws of transitional justice, which we will call the (transitional) damage, there are many differences, the traditional damage is individual, rare, no specific date of occurrence, and the It is defined in accordance with those laws, in addition, moral damage in transitional justice laws, is assumed Proving it does not require judicial rulings, because the victims did not cause harm to the feelings of others, but rather have political convictions, which were the reason for harming them by the previous regime, hence, the causal relationship between error and harm in traditional law, needs specific procedures and is also characterized by difficulty of proof, while this relationship finds clarity in the transitional moral harm.

In the last years, Israel has committed the most terrible international crimes and terrorist work against Gaza and Lebanon, yet it is mostly not accountable internationally for these violations, but on the contrary, it sees that its resistance and liberation movements are crimes that must be held accountable for, from here the research studies these actions and the justifications of Israel at the international legal level and refute these allegations and the possibility of holding them accountable, this is a very important issue for us To our region and stability in it and follow our international rights in a decent living, starting from a major question: Is it possible to hold Israeli as an entity and individuals about their international crimes and terrorist actions against Arab countries? Depending on the descriptive approach, the two comprehensive, theoretical frameworks and the legal approach, where these concepts will be studied within their legal frameworks, and the analytical climate to explain the results. In the second: Israeli terrorist acts. We concluded in conclusion of the following results and recommendations:
What are doing against both Palestine and Lebanon are aggressive actions, which are the most dangerous type of use of force, as there is no justification for these actions in international law, and there is no consideration, whether politically, economically, militarily, or any other consideration, can justify the aggression. Legally, and in light of the provisions of international law, according to the decisions of the International Criminal Court, Israel can be held accountable through its institutions and individuals legally. The decision has already been issued, but in practice we find that international coverage, especially America and some countries whose crimes may be an obstacle to the reality of accountability.
We recommended to submit proposal projects for international organizations and the United Nations Authority to find international mechanisms that are implemented against countries that are based on international violations so that they cannot be captained by using Veto the large countries so that the decisions of the International Criminal Court or the Security Council decisions are more effective.

English civil law is based on principles established by case law, which takes into account the changing circumstances and developments in the rules of legal justice. Hence, these precedents have decided to grant compensation to those who have been deprived of the joys of life and exposed to pain and suffering as a result of physical injuries. This compensation varies from one individual to another according to the extent of the injured person\'s clinging to life and the level of pain he has experienced. This compensation is determined by the judiciary as a result of non-fatal physical injuries, but under very precise conditions. If we turn to Iraqi civil law, we find that it grants moral compensation in very limited cases that may not be consistent with what has been decided by English courts

Terrorist acts perpetrated by groups, gangs, and terrorist organizations represent one of the most serious threats to both national and international communities, These criminal behaviors constitute harmful acts committed against individuals or property and give rise to both civil and criminal liability.
This study seeks to examine the legitimacy of the multiplicity of compensations granted to victims of terrorist operations under Law No. (20) of 2009 and its amendments, as well as Law No. (8) of 2021. Our research reveals several legal issues concerning the statutory conditions required for victims to be entitled to multiple compensations for the same damage, It also raises the question: What is the legal basis for allowing victims to obtain compensation as prescribed by the aforementioned laws, in addition to claiming further compensation for the same harm under the general rules of tort liability in the amended Iraqi Civil Code No. (40) of 1951 or under other applicable laws?
The Iraqi legislature has adopted a distinct legislative philosophy by departing from traditional principles of civil liability when determining compensation for affected groups under the aforementioned laws, It permits each victim to receive the compensations specified therein and to further claim additional compensation for the same harm pursuant to other legal provisions

The federal system plays a vital role in promoting the principle of judicial independence through the distribution of powers between central governments and the states or regions. This system allows for judicial plurality, granting each region the freedom to establish its own judiciary while adhering to general constitutional principles. It also contributes to strengthening legal safeguards that protect judges from interference by the legislative and executive branches.The plurality of governance levels leads to positive competition among judicial systems, thereby enhancing efforts to achieve justice and independence. The existence of a supreme constitutional court within the federal system serves as an important mechanism to ensure the constitution’s application at all levels. Additionally, federalism protects the judiciary from the concentration of power and reinforces the principle of separation of powers.Moreover, the federal system helps establish mechanisms for oversight and accountability, ensuring the efficiency of the judiciary without compromising its independence. The diversity of judicial systems within federalism enriches and develops the legal experience. Federalism also maintains a balance between respecting local particularities and unifying national principles. Overall, federalism provides a favorable environment for supporting an independent, fair, and sustainable judiciary.The importance of this research lies in studying the mechanisms through which the federal system protects the judiciary from the influence of other authorities, especially considering that judicial independence is a key guarantee for the actual separation of powers, particularly in federal states.The research problem revolves around the status of the principle of judicial independence within the federal system. This principle assumes distinctive dimensions under federalism, which affects its implementation; studying this impact formed the core of this research.In conclusion, the study shows that the federal system plays a fundamental role in strengthening the principle of judicial independence by ensuring a balanced distribution of powers and a clear separation between different levels of governance.

The subject of evidence in annulment lawsuits within administrative judiciary is one of the most important topics, since the annulment lawsuit is among the key safeguards of the principle of legality and the rule of law in society. It does not aim at protecting a personal right that has been violated; rather, its purpose is objective, examining the extent to which the challenged decision, in all its elements and foundations, complies with the law. The plaintiff is not the sole beneficiary of the annulled administrative decision, as the annulment serves the public interest as a whole. Nevertheless, the plaintiff faces the challenge of proving the claim.
In our research, we address the nature of evidence in annulment lawsuits and the jurisdiction of the administrative judge in this context. We explain the concept of evidence by defining it, outlining its importance, objectives, and characteristics. We then examine the effective means of proof in annulment lawsuits, categorizing them into direct, indirect, and modern methods—this was the focus of the first section. The second section discusses the requirements of the administrative judge’s jurisdiction over evidence, where we examined the guarantees of the right to defense its concept and forms as well as ensuring balance between the parties to the dispute. This included addressing both the procedural jurisdiction of the judge in administrative evidence and the substantive jurisdiction

The article provides an extensive examination of the legal structure regulating the admissibility of evidence within the Iraqi criminal justice system. It pertains to the fundamental principle of the legitimacy of criminal evidence, which asserts that evidence is not legitimate nor admissible unless it is pursued, acquired, and presented in court in accordance with legal parameters and the respect for human rights and individual liberties. Judicial jurisdiction underpins the discretionary authority of the judge. The judge's discretionary authority is evident in the judicial conviction, which may inherently possess a partial likelihood of error, even from a scientific standpoint. The issue of deviation that could influence the judicial conscience will undoubtedly fall within the judge’s discretionary authority when rendering a decision, thereby leaving open the potential for judicial error in evaluation, whether regarding facts or law as components of that conscience. The study employs a mixed methodology that integrates jurisprudential legal research with empirical investigation. The theoretical section analyses the laws, regulations, and judicial rulings pertinent to forensic evidence, offering a comparative assessment of the methodologies employed by the judiciary in the United States and Scotland, emphasising the differing levels of efficacy in establishing coherent and consistent frameworks for the exclusion of illegally obtained evidence. The empirical component comprises a survey of inmates in Iraqi prisons to gather data regarding their experiences throughout the investigation and custody processes. The findings indicate substantial deficiencies in the practical application of legislative regulations, notably the prevalent use of coercion and torture by law enforcement to elicit confessions, alongside inadequate oversight by the public prosecutor. The study concludes by recommending enhancements to legal procedural rules to prevent errors in Iraqi criminal judgements, highlighting the necessity for improved judicial oversight, robust protection mechanisms for detainees, and the establishment of stringent legal frameworks to ensure the documentation of torture and coercion.

Undoubtedly, the legal regulation of working hours is an important topic within the scope of labor law. Given the contractual nature of the relationship between the employee and the employer, which requires the employee to be subordinate to the employer, the latter is in a position of superiority over the employee. Therefore, the legislator in the Labor Law did not give the employer absolute authority to establish the legal regulation of working hours. Rather, the legislator intervened in this regulation with the aim of protecting the employee. This intervention requires the employer to specify working hours or shifts, as well as the maximum working hours for the employee, specify overtime hours, and specify working hours in exceptional circumstances related to the project's activity

abstracts: Islam has given people the freedom to dispose of part or all of their money through donations. Donations are considered legitimate contracts in positive laws. Positive laws have given them importance and they have been included in the civil code in some countries, such as Iraq, Egypt, and France. In other countries, they have been included in family law, as is the case in In Algeria. But at the same time, emphasis was placed on the gift of usurped money in any form because it affects the stability of transactions in practical life and violates the sanctity of human money. Therefore, positive legislation as well as Islamic jurisprudence set several conditions for the gift and for the person of the donor that must be met in order for the gift to be completed, in order to limit the gift of usurped money.

The issue of conflicting interests among co-defendants in criminal proceedings arises when there is a divergence in defense strategies or interests between two or more defendants in the same case. This situation renders their joint representation by a single defense attorney a violation of procedural safeguards essential to a fair trial, as the right to defense—being a cornerstone of criminal justice—loses its effectiveness and integrity. Such conflicts often emerge due to differing defense approaches, mutual accusations, or variations in the weight of evidence against each defendant. In such contexts, joint representation weakens the quality of defense, as the attorney may sacrifice the interest of one defendant to improve the position of another. It is the court’s responsibility to proactively detect such conflicts at an early stage by analyzing inconsistencies in statements and discrepancies in defense strategies, and to issue a decision separating the defenses of the defendants whose interests conflict, in pursuit of justice. Moreover, the defense attorney bears a professional obligation to disclose such a conflict and to withdraw from representation when necessary, in order to uphold the duty of loyalty to the client ..

This research addresses crimes that undermine the integrity and impartiality of the judiciary, specifically the crimes of attempting to influence judges and issuing an unlawful judgment. Given the serious threat these crimes pose to judicial justice and the rule of law, this study offers an analytical and comparative examination of the relevant legal provisions in the Iraqi and Egyptian legal systems. Our aim is to identify similarities and differences between the legislative texts concerning these two crimes. The research problem focuses on the effectiveness of these legal provisions in protecting the judiciary and ensuring its impartiality and independence. In conclusion, we present the key findings of our study regarding these crimes and offer a set of recommendations that we believe will enhance the effectiveness of the legislation and strengthen the overall efficiency of the judicial system

As the human being is the target and objective of the criminal protection due to his humanity or as a human being, rights are made for him as such constitute a subject for this protection. The phenomenon of dumping waste has become a form of aggression against one of the most important rights, which is the human right to health. Hence, the criminal legislator had a duty to provide effective criminal protection against all forms of behavior that involve aggression against the human right to public health. And its various forms - at the forefront of the manners of behavior that the Iraqi penal legislator attempted to regulated. What is meant by “waste in the framework of this study: (the remains of the dead and their dead bodies, dirt, dirt, gas leakage, dirty water, smoke emitted from chimneys, and animal excrement and their carcasses). This protection has two sources: the international source and the internal source, the first one is the rules of international legitimacy in the field of human rights. The second one is represented by the provisions of the internal legislation.Within the framework of the rules of international legitimacy, many international conventions and instruments stress the need to ensure and respect the human right to health. On defining the concept of public health, the preamble to the World Health Organization stated: (The state of complete physical, mental and social well-being, not merely the absence of disease). From this point of view, Article 12 of the 1966 International Covenant on Economic, Social and Cultural Rights emphasized ensuring respect for this right, saying: (Every person has the right to enjoy the highest possible standard of physical health...).
The human right to health is therefore guaranteed within the framework of the rules of international legitimacy. These rules impose an obligation on states to adequately acknowledge this right within the framework of their national legislation, because enjoying this right requires the availability of many factors, the most important of which is the provision of a healthy environment for the individual to live a healthy life, far from pollution resulting from the disposal of waste, through the provision of sufficient internal guarantees

This study seeks to clarify the constitutional and legal framework for determining the territorial and subject matter jurisdiction of the administrative judiciary in Iraq, in light of the evolution of the judicial structure after the 2005 Constitution and the enactment of State Council Law No 71 of 2017, together with the expansion of administrative decentralization under Governorates Not Incorporated in a Region Law No 21 of 2008. The research proceeds from the premise that the judiciary is a single unified authority regulated by law on the basis of territorial and subject matter jurisdiction rather than on the basis of centralization and decentralization, while public administration is governed by the dialectic of administrative centralization and decentralization, which indirectly affects the map of administrative disputes and their distribution between the federal level and local levels. The problem of the study lies in the lack of precise codification of the criteria for allocating administrative claims territorially and by subject between the Administrative Court, the Public Employees Court, and the Administrative Supreme Court on the one hand, and other judicial bodies dealing with administrative disputes on the other hand, especially in the context of expanding decisions issued by decentralized authorities in governorates and regions. The research adopts a descriptive and analytical method with a comparative dimension, based on an examination of the constitutional text, Judicial Organization Law No 160 of 1979, the Civil Procedure Law, the State Council Law, and legislation on administrative decentralization, together with an analysis of selected judgments of the Administrative Supreme Court, in order to formulate practical standards for determining jurisdiction that rely on the nature of the administrative act, the scope of its effects, and the place of its issuance or implementation, while preserving the unity of the judiciary and the uniform interpretation of public law rules at the national level. The study concludes that these standards should be incorporated into clear legislative provisions, that the role of the Administrative Supreme Court in resolving conflicts of jurisdiction and unifying principles should be strengthened, and that the organization of territorial and subject matter jurisdiction of the administrative judiciary should be linked to an administrative structure based on a carefully calibrated balance between administrative centralization, which is necessary for state unity, and administrative decentralization, which brings administration, services, and justice closer to the citizen, thereby enhancing the effectiveness of administrative justice and protecting rights.

Although the requirement of interest is a fundamental pillar for the admissibility of all lawsuits, it acquires a fundamental specificity in constitutional lawsuits. While this requirement is viewed as a genuine means of ensuring the seriousness of individual litigation, its application in its traditional sense to constitutional lawsuits constitutes a restriction that hinders their effectiveness in protecting the supremacy of the constitution and ensuring the rule of law. The research noted a legislative and judicial discrepancy in Iraq regarding this requirement within the scope of the Federal Supreme Court's work, impacting legal security and restricting the role of citizens and civil society institutions in constitutional oversight. This calls for expanding the concept of interest in constitutional lawsuits to ensure the achievement of the goals for which constitutional judiciary emerged...

Anyone who follows the Iraqi legislative system in terms of the extent to which it addresses the issue of health insurance will notice that it has spared no effort in establishing the legal organization for it, as the legislator has issued many legal rules that have taken upon themselves this aspect, some of which have taken the form of law, some of which have taken the form of decision, some of which have taken the form of instructions, and other legislation related to this issue, which there is no room to mention This effort was crowned by his issuance of Health Insurance Law No. (22) of 2020.It is noted that all legislation related to health insurance stipulates that it aims to provide health services to all individuals in a way that achieves social solidarity in terms of reducing the financial burdens borne by the citizen when searching for health treatment services. It is noted that the legislator's philosophy through these goals is to reach social justice by achieving a kind of realistic equality in receiving health services among all classes of society This is a direct and clear philosophy as indicated by explicit legislative texts.But we wonder: Is it possible to say that there is another indirect philosophy represented by a commercial philosophy included in the legislation related to the issue of health insurance, especially Health Insurance Law No. (22) of 2020? Therefore, the idea of the topic revolves around identifying the legislator's implicit intention to establish legal texts related to health insurance through which commercial aspects can be developed

This study provides an overview of the international legal basis prohibiting the forced annexation of territory, which is one of the founding principles in the structure of modern international law. It lies at the heart of three pivotal projects that formed the core of this legal system: the first is settling the issue of territorial sovereignty as a basis for establishing state authority; the second is regulating the use of force across stable borders; and finally, enabling peoples living within certain borders to determine their own destiny. However, it is often misunderstood, whether in terms of its historical origin or in relation to other contemporary international legal rules. Given its overlap with the three projects referred to, its origin cannot be traced back to any of those projects. Therefore, the statement that describes this rule as an inevitable result of regulating the use of military force is misleading and incomplete, as it ignores the great role played by the countries emerging from colonialism In consolidating this rule, through its continued quest to establish its legal status as sovereign states, the rule prohibiting forced annexation of territory is often incorporated into the general rule prohibiting the use of force, although its effect extends to a much broader scope than simply regulating the use of armed force. Given recent developments, it appears that the rule prohibiting the forced annexation of territory is facing increasing challenges. Although this rule continues to be one of the established peremptory customary rules in international law, the new practices of some countries, coupled with the variation in international reactions, may portend a shift in the scope of application of this rule The situations in Ukraine, Palestine, Western Sahara, and the eastern Democratic Republic of the Congo are examples of the risks associated with the development of international practice affecting Al-Qaeda, as a more flexible approach to prohibiting forced annexation of territory, and if these practices are not confronted, they may lead to fundamental changes in the principles governing the sovereignty of states and their territorial integrity.

Self-judicial review is an important method for examining constitutionality, despite its subsidiary nature, because it gives the constitutional judiciary a wide scope to extend its jurisdiction to include legal provisions outside the core of the dispute. This method provides the courts with the ability to create hypotheses that may achieve constitutional legitimacy, at least in terms of time, and in a way that ensures the supremacy of the constitution and its proper application. Self-judicial review protects the constitution, the rights and freedoms of individuals and groups, the organization of constitutional institutions, and saves effort and time for the concerned parties, by which I mean the constitutional courts and other authorities. This method reveals the specificity of the constitutional text subject to review, in terms of examining its constitutionality independently, and granting it sufficient guarantees, either to prove or deny its constitutionality, and granting it a conclusive certificate issued by a competent authority in light of its subject and reasons.

The wheel of development is accelerating in all societies, and this development is naturally accompanied by the continuous change in ideas and tendencies of individuals, influenced by some calls and opinions. We often see the emergence of practices, most of which are against public morals, values, and best customs. Among these phenomena is human domestication, which has become a phenomenon that threatens human dignity, centered on adopting the life of dogs and their way of living. What increases the danger of this phenomenon is its spread through calls made via the Internet, which has become uncontrolled, especially within the State of Iraq, which has not enacted the Cybercrime Law to this day

Wars and armed conflicts have always involved violence and the killing and destruction that it entails. Wars, up to and including the end of World War II, were characterized by brutality and devastation, employing all manner of deadly and destructive weapons without any restraint on the part of the perpetrators. They sanctioned treachery, oppression, and the most heinous forms of destruction, killing adults, children, men, and women alike, The imprisonment, torture, and forced labor of prisoners of war, including their killing, led legal scholars and wise men around the world to call for the establishment of humanitarian principles to mitigate the horrors of war and its accompanying cruelty and bloodshed of innocent people.
The rules of international humanitarian law of 1949, which granted special protection to the civilian population and other categories (the sick, the wounded, medics and clergy) of all warring parties, imposed on the warring parties the duty to respect those rules, It was placed in the hands of any of the States Parties that signed those four agreements and their two additional protocols to submit a request to the international organization regarding any of the disputing parties committing serious violations of the rules of international law, and international efforts must be combined to stop those violations.

The self-assessment tax system is considered one of the fundamental legal mechanisms that has brought a significant transformation to the philosophy of tax legislation. It shifted the burden of determining the taxable base from the tax administration to the taxpayer while maintaining the authority of the administration in monitoring and auditing. This system represents one of the most effective means of achieving tax justice and promoting transparency in the relationship between the state and the taxpayer, as it establishes a balance between the state’s right to collect public revenues and the taxpayer’s right to legal security. The study demonstrates that the constitutional foundation of this system is based on the principle of “no taxation without law” as enshrined in the Egyptian and Jordanian constitutions, along with the principles of social justice, contributive capacity, and equality, which together form a solid legal basis for adopting the self-assessment system in income tax laws. The analysis, however, revealed that the Iraqi legislator has not explicitly regulated the concept of self-assessment, referring to it only implicitly in the provisions related to tax declarations, which has led to an overlap between self-assessment and estimated (arbitrary) assessment methods. The study concludes that there is a legislative and procedural gap in the Iraqi tax system, reflected in the absence of a clear legal text defining self-assessment, as well as the weakness of electronic auditing and post-assessment control mechanisms. It calls for legislative intervention to establish an integrated legal framework that defines the rights and obligations of both taxpayers and the administration and clarifies monitoring and sanction procedures. The study also recommends enhancing taxpayers’ awareness and adopting advanced electronic systems that promote justice, efficiency, and transparency in tax administration and application.

Revocation of citizenship or residency for those who commit a terrorist act is a measure taken by some countries against individuals proven to be involved in terrorist activities that threaten national security or public stability. Based on citizenship and residency laws, this measure may be taken if the person has committed a terrorist offense, joined a terrorist group, or provided material or logistical support for terrorism. In some cases, the individual must have acquired citizenship by naturalization rather than by birth, and countries vary in their application of this measure. In some countries, such as France and the United Kingdom, citizenship or residency may be revoked for those who hold dual citizenship or pose a serious threat to national security. In Egypt and Iraq, citizenship or residency may be revoked if the individual belongs to terrorist groups or threatens state security. While revoking citizenship may be considered a legal measure to protect national security, there are concerns that it could be used politically or could render the individual stateless, which in some cases violates human rights

Transboundary marine plastic pollution is a major environmental problem with significant impacts on the environment, biodiversity, coastal communities, and marine industries. It also poses potential risks to food security and human health. Stakeholders at the local, national, regional, and international levels have made efforts to prevent marine plastic pollution, but have failed to adequately address the issue. This prompted the United Nations Environment Assembly to call for and work toward a binding agreement regulating the management and use of plastics, restricting their uses, and emphasizing the need to be careful not to harm the environment and people when disposing of plastics. However, this agreement has not yet been implemented as of this writing

employees in lraq in llgnt on the amended law of Disc ipline of state and public sect or Employees no 14 of 1991and compare it with lebanes law, the procedures for imposing disciplinary penalties are among the important procedures that are required by legistation, it must be followed by owed by management order to issue adecision to impase on the employee wno violates his job duties the penalties shall be preceded by, by granting the accused employee aset of undamental guarantees, namely that fair procedures, are followed in holding the employee accoun table consequently, this study produced many results and proposal that would avoid deficiesncies in iraq raqiand comparative legislation

The selection of the Speaker of the Iraqi Council of Representatives and his two deputies is considered one of the most important constitutional procedures that establish the work of the legislative authority in Iraq, because this position represents a pivotal role in organizing parliamentary work and ensuring the proper conduct of legislative and oversight sessions within the Council of Representatives. The Iraqi Constitution of 2005 regulated this process within a direct constitutional framework, through Articles (54) and (55), without singling out a detailed, independent legislative organization for it.Whereas the Constitution stipulates that the first meeting of the Council of Representatives shall be held within a period not exceeding fifteen days from the date of ratification of the election results by the Federal Supreme Court in Iraq, and the presidency of the first session shall be entrusted to the oldest member, in his capacity as an interim president who shall manage the procedures for electing the Speaker of the Council and his two deputies. The election shall be carried out by direct secret ballot, and on the condition that the candidate obtains an absolute majority of the total number of members of the Council, in a way that achieves the highest degree of democratic legitimacy for whoever occupies this position. It is noted that the constitutional regulation for choosing the Presidency of the House of Representatives was general and brief, as it was limited to specifying the time frame and the basic mechanism for the election, without addressing the procedural details related to cases of failure, the repetition of voting rounds, or the organization of appeals related to the legitimacy of the election. This deficiency led to the emergence of the role of political norms and practices, especially the principle of consensus and political quotas, which practically affected the identity of the candidates and the mechanisms for deciding the position, despite the lack of an explicit constitutional basis for it.
The research concludes.
To, the legal regulation for selecting the Speaker of the House of Representatives and his two deputies in Iraq enjoys constitutional clarity in principle, but it suffers from weakness at the level of procedural detail, which requires legislative intervention or amendment in the internal system of the Iraqi House of Representatives, with the aim of filling legal gaps, enhancing institutional stability, and ensuring consistency in practical application with the provisions of the Constitution

The present study, entitled "The Harm of Fatal Injury in Tort Liability" examines one of the most complex and debated topics in civil compensation, both doctrinally and judicially, concerning the scope and quantum of damages. The analysis begins from the moment the injury occurs, encompassing medical treatment costs, loss of earnings during the period required for recovery, and the financial opportunities the victim could have realized had the assault and resulting injury not occurred. Moreover, it addresses moral damages, including the physical and psychological suffering endured by the victim, extending to situations in which the injury may escalate to cause the victim’s death.
This raises critical legal questions: Does a death resulting from an injury constitute a separate harm, distinct from the preceding damages, thereby entitling the victim or their heirs to compensation? Is the harm of death itself a compensable damage? Furthermore, does the right to claim compensation transfer to the heirs as a personal right concerning the death of their deceased, distinct from any other claims they may be entitled to?
The study concludes that addressing the harm of fatal injury necessitates a careful balance between pecuniary compensation and moral considerations, ensuring justice for the injured during their lifetime while simultaneously safeguarding the rights of heirs after death.To provide a comprehensive analysis, the study is divided into two main sections. The first section focuses on bodily harm in fatal injuries and its constituent elements, distinguishing between immediate and non-immediate fatal injuries, and examining their financial, physical, and moral dimensions through two subsections. The second section addresses the transfer of the right to compensation for fatal injury to the heirs.

The significant development witnessed in international trade in France, Egypt, and Iraq led legislators to develop alternative mechanisms to the judiciary. Consequently, it was imperative for them to develop the legislative system and keep pace with the development of comparative laws, as well as to ensure full compatibility and consistency with the international agreements and treaties to which Iraq has acceded. This has gradually changed the concept of sovereignty and immunity enjoyed by states. Whereas states previously accepted only their national judiciary to resolve disputes, especially administrative ones, they have now relinquished this sovereignty and accepted the referral of their disputes to courts other than their national judiciary. This has satisfied the desire of these companies, who previously refused to resort to the judiciary of the countries in which they invest. Contracts concluded in the countries in which they invest included a clause guaranteeing recourse to alternative means to the judiciary.

The rules of legitimate competition are considered peremptory rules and are related to public order. If they cross national borders, they become a protective international public order that requires them not to be violated, otherwise their actions become illegal, which makes their claim within the legal and judicial mechanisms monitored by national legislation and international trends to protect the weak party. The prevailing opinion in legal jurisprudence establishes it as closer to a tort claim. Some legislation, when regulating it, based it on tort liability, and the general rules in determining the applicable law are not all compatible with the unfair competition claim, which prompted some legislation to adopt special attribution controls to specify the applicable laws that are consistent with the nature of unfair competition and to achieve protection of the weak party in it, whether it is a consumer or a competing merchant. Likewise, the general standards in determining jurisdiction, although they apply to unfair competition lawsuits, are only applied in the event that the special standards, which we discussed during the research, do not achieve the desired goal, which is to make it easier for the plaintiff to file a lawsuit and then provide adequate protection for the weak party from the damages resulting from unfair competition.

The absence of cause as a fundamental element of the contract leads to its absolute nullity, since no contract can be valid without a lawful and legitimate cause justifying the obligation. If the cause is absent, fictitious, or unlawful, the contract becomes void from its inception and is treated as if it never existed, as a means of protecting public order and ensuring the stability of legal transactions. Comparative legal doctrine and jurisprudence in the French, Egyptian, and Iraqi civil laws confirm that the cause constitutes a primary safeguard for the existence of a valid and enforceable obligation, This study shows that the nullity resulting from the absence of cause does not only affect the contracting parties, but also extends to third parties, as it is directly related to public policy. Comparative jurisprudence has distinguished between the absence of cause and other defects such as unlawful or fictitious causes, emphasizing that absence means the total nonexistence of cause, whereas the other defects represent different manifestations that may lead to the same result but with a distinct legal basis. The research also demonstrates that certain contracts—especially synallagmatic contracts—cannot exist without a cause, while other contracts, such as formal contracts or negotiable instruments, may still be valid despite their abstract nature, as their cause is presumed implicitly to ensure balance in transactions, The research concludes that the natural sanction for the absence of cause is absolute nullity, which eliminates the contract entirely and prevents its confirmation or ratification by the parties. Consequently, the absence of cause operates as a legislative and judicial tool to preserve the stability of transactions and to prevent obligations from arising without a lawful and legitimate foundation

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This paper explores the absence of judicial review over disciplinary sanctions against students in Iraqi private colleges. Despite being subject to the Ministry of Higher Education and applying the same rules as public institutions, neither administrative nor ordinary courts have provided consistent oversight. This legal gap threatens students’ rights and equality under the 2005 Constitution. The study proposes legislative reforms to ensure adequate protection in private higher education.