Risalat al-huquq Journal

One of the most important issues that international humanitarian law sought to guarantee is the establishment of international peace and stability, with the instruments it approved of varying between conventions and treaties adopted to guarantee human rights in general and minorities in particular, especially after the Second World War as a result of the increase in non-international armed conflicts. Some of these agreements protect human rights and cover various aspects of human life, while others are limited to dealing with a specific aspect of human life. This is what the study will try to explain in detail in order to reach the most important conclusions and recommendations that guarantee the protection of minorities at the international level and work to combat the genocide against minorities. The most prominent of which is that the protection of minorities is one of the most important issues that the international community has given great importance because of its profound impact on establishing peace, stability and international security. This interest is highlighted by the international conventions, treaties, charters and declarations approved and adopted by the countries collectively, which are the main component of international humanitarian law and international human rights law, or those adopted by their internal legislation separately in line with their prevailing laws.

The Framework Convention on Tobacco Control (FCTC) of the World Health Organization represents a pioneering step towards accelerating international efforts to combat smoking and taking national and international measures to protect humans from the social, health, environmental, and economic effects of tobacco consumption or exposure to its smoke. Countries have enacted laws, regulations, and instructions to combat smoking based on the provisions of the FCTC, and have taken legal measures to combat the illicit trade in tobacco products. They have also regulated the content of tobacco products to be low in harm to consumers\' health. These measures have played an important role in promoting public health and supporting the World Health Organization\'s goals of achieving the highest possible level of health to enhance the health of all peoples without discrimination

The theory of verbal action is closely related to legal thought, and this is evident through the theses and examples provided by the founders of this theory, both (Austin) and (Searle) to clarify its content to those interested in it, and to build an argument on the validity of their ideas, which has already been done, as we find that it has a prominent presence in analysing the words contained in criminal texts, including (the crime of slander), and it can be adopted as an approach that is used either by the linguistic expert or by the criminal judge, to reach the truth in the incident presented before them, in which the language has a prominent role, whether in committing it, facilitating it, or agreeing to commit it, and it is also a strong and effective evidence on which the criminal judge can build his conviction, which helps him in reaching the truth and in building a sound and just judgement

The principle of legal security is a restriction on the state's authorities and must not be touched, as the conflict between the rulings and decisions of the constitutional judiciary resulting from judicial deviation causes a serious shock that threatens legal security and the stability of legal situations and positions; The amendment requires a new ruling that contradicts a previous ruling or a change in the text to be interpreted, and thus will lead to the failure to achieve legal security. Therefore, the judge's resort to the amendment technique has led to questioning the value of his decisions due to their contradiction with the principle of legal security, which is considered one of the components of the modern state of law. Any judicial institution that issues contradictory interpretative rulings and decisions repeatedly cannot be a sacred institution and will reduce or weaken the sanctity and status of the constitutional judiciary among the public authorities. This situation undoubtedly affects the acquired rights and the legitimate expectation of litigants, which leads to individuals losing faith in the legitimacy of rulings and the rule of justice

The internal system of the House of Representatives is issued by the legislative authority that has the original jurisdiction to legislate; As a guarantee of the independence of the House of Representatives, and granting it a measure of freedom in controlling and regulating its internal affairs, and how to carry out its legislative and oversight functions in accordance with the constitutional determinants, except if the formal or substantive procedures are deviated from as specified by the constitution, the internal system becomes tainted by the flaw of unconstitutionality and the role of oversight comes to detect these defects; This has led the majority of modern regimes to embrace the principle of oversight over the constitutionality of laws and regulations, which derives their legitimacy role entrusted to them in safeguarding the constitution, just as the Constitution entrusted the legislature to the House of Representatives, it delegated the authority to verify the extent to which the internal system conforms to the provisions of the Constitution to bodies charged with oversight, which stand on the extent to which the House of Representatives, when setting its rules of procedure, exceeded the framework defined by the constitutional document Cancellation of the offender

The internal system of the House of Representatives is issued by the legislative authority that has the original jurisdiction to legislate; As a guarantee of the independence of the House of Representatives, and granting it a measure of freedom in controlling and regulating its internal affairs, and how to carry out its legislative and oversight functions in accordance with the constitutional determinants, except if the formal or substantive procedures are deviated from as specified by the constitution, the internal system becomes tainted by the flaw of unconstitutionality and the role of oversight comes to detect these defects; This has led the majority of modern regimes to embrace the principle of oversight over the constitutionality of laws and regulations, which derives their legitimacy role entrusted to them in safeguarding the constitution, just as the Constitution entrusted the legislature to the House of Representatives, it delegated the authority to verify the extent to which the internal system conforms to the provisions of the Constitution to bodies charged with oversight, which stand on the extent to which the House of Representatives, when setting its rules of procedure, exceeded the framework defined by the constitutional document Cancellation of the offender

ساهمت المؤسسات المصرفية العالمية بدور فعال وتأثير كبير في عمليات التبادل التجاري الدولي من خلال تقنيات مصرفية جديدة أستطاعت من خلالها وضع حد لعنصر غياب الثقة بين تجار من جنسيات واماكن مختلفة من العالم تفرق بينهم المسافة الجغرافية والحدود السياسية ، بالاضافة الى اختلاف اللغة والنظم القانونية والاقتصادية والسياسية ، الامر الذي يقتضي ان تكون هذه العوامل تجعل هذا النوع من العقود يتميز بارتفاع نسبة المخاطر سواء كانت تجارية او غير تجارية .
إذ ينظم عقد البيع العلاقة القانونية بين البائع والمشتري فيلتزم بموجبه المشتري بأن يقدم للبائع اعتماداً مستندياً يحدد الاشتراط نوعه ومدته ، فيطلق على عقد البيع في هذه الحالة العقد الاساس أو العلاقة الأساسية ، فهذا العقد تحكمه القواعد العامة المنصوص عليها في القانون المدني التي تنظم عقد البيع ، لذلك نجد أن المتعاقدين يلتزمان بتنفيذ التزاماتهما التعاقدية لضمان انجاز العملية التجارية .
فهذا الاشتراط الخاص بعملية التسوية يفرض التزامات متبادلة على عاتق طرفي هذا العقد والذي يعتبر ابرام عقد الاعتماد المستندي أبرز اثاره ، فيقع على عاتق المشتري تنفيذه على وفق ما نص عليه العقد الاساس ، أي يتحدد التزام المشتري في ابرام الاعتماد من حيث مضمون هذا الالتزام وما ينطوي عليه اتفاق الطرفين

Criminal policy encompasses a set of legal and institutional measures adopted by the state to prevent and suppress criminal behavior, with the overarching objective of preserving social order and protecting the legal interests of society. It reflects the legislator’s systematic approach to developing the substantive and procedural norms that constitute criminal law. At the international level, criminal policy plays a crucial role in addressing crimes that gravely violate fundamental human rights, such as genocide, war crimes, and crimes against humanity. Ensuring the protection of these rights necessitates the suppression of such crimes through coherent and enforceable legal mechanisms.
This study explores the conceptual foundations of criminal policy and distinguishes between its domestic and international dimensions. It examines the varying scopes of application and the institutional actors involved in shaping and implementing criminal policy at both levels. A central question arises: does international criminal policy possess the same binding force as its domestic counterpart? The existence and functioning of international criminal tribunals and courts underscore the emergence of a distinct international criminal policy aimed at advancing accountability and the rule of law on a global scale.

This research examines the legal provisions criminalizing abortion in Islamic law and Iraqi penal law. Abortion is a sensitive issue that intersects religious and legal aspects. The study aims to examine the legal rulings related to abortion according to Islamic Sharia law. It also reviews the provisions of the Iraqi penal code concerning abortion, analyzing their texts and comparing them with Islamic law. The research highlights the similarities and differences between the two, focusing on the criminal penalties for abortion in Iraqi penal law and the exceptions permitted by law, such as protecting the mother's life or the presence of serious fetal abnormalities. The research concludes that Islamic law is based on the principles of protecting human life and preserving human dignity, while establishing precise controls for any exceptional circumstances that may permit abortion. In contrast, Iraqi legislation has been influenced by these principles, with some modifications that take into account societal and legal conditions

The commercial guarantee is considered a very important commercial contract; because it plays an effective role in managing and activating commercial and banking activity in general, in addition to being one of the most prominent means that contribute to achieving credit in particular, all of which is through enabling creditors to maintain their rights. Since the commercial guarantee contract has an important place in the commercial reality of the country; the legislator has addressed it with organization by stating its scope and some of its provisions in Article (1016) of the Iraqi Civil Code No. (40) of 1951, whose second paragraph stipulates that "the guarantee arising from the guarantee of reserve papers as a reserve guarantee, or from the endorsement of these papers is always a commercial guarantee", and this is what made the commercial guarantee have special legal forms and nature that distinguish it from other contracts such as the civil guarantee contract and other banking contracts; therefore, this contract is distinguished by being one of the consensual contracts in which the principle of the authority of the will plays a major role from the moment of its creation until the moment of its expiration; Therefore, the legislator did not impose a specific form for it, but rather left the matter to the will of both parties, not to mention that the commercial guarantee is not a donation contract, as it is always for a fee, which makes it a binding contract for both parties, in which personal consideration plays an important role in the life of this contract, as banks do not grant credit to their clients except after they carry out several procedures through which they can verify the extent of their financial and personal worthiness