Journal of Legal Sciences

The rules of international humanitarian law aim to achieve a kind of balance based on the implementation of the principle of proportionality between military necessity, with the advantage it achieves that contributes to weakening the capabilities of the enemy in preparation for its subjugation on the one hand, and human ethics, the protection of which constitutes the goal of legal rules. Armed conflicts witness the exposure of civilians to untold harms on the part of the attacker. It is “collateral damage” that does not lead to his responsibility for it, as it is acceptable according to the rules of international humanitarian law. However, this proposal is based on a wrong idea resulting from broad interpretations and justifications of military necessity at the expense of the protection established as an asset for the protected groups
This preliminary study sheds light on a crime committed by the international coalition led by the United States of America in 1991, when it targeted a civilian shelter located in the Al-Amiriyah area, west of the Iraqi capital, Baghdad, where hundreds of civilians, women and children, were sheltering. The American attack led to the killing of all of them, which constituted another crime. A silent crime committed by the United States forces against civilians in Iraq
We have studied the above topic through three basic paragraphs, where we explained the legal concept of collateral damage in accordance with international humanitarian law, then we explained the problem of the balance between the principles of humanity and military necessity in cases where some form of collateral damage occurs, and finally we clarified the treatment of these principles according to the events that led to the bombing. Al-Amiriyah shelter according to the American point of view and the response to it from a legal perspective

Sustainable development is one of the modern concepts that seeks to achieve a balance between the requirements of economic growth, social justice and environmental protection, so that the needs of the present generation are met without harming the rights of future generations. Although the Iraqi Civil Law No. (40) of 1951 was established before the emergence of this concept globally, its texts and general principles include aspects that indirectly contribute to achieving the goals of sustainable development. Accordingly, this research addresses the aspects of sustainable development in Iraqi civil law through three main dimensions, namely the economic, social and environmental dimensions.

This study presents a descriptive and analytical examination of the English Mental Capacity Act 2005, one of the most significant legislative instruments concerned with protecting individuals who experience mental impairment while preserving their legal autonomy. The Act is founded on a core principle: capacity is presumed in every person, and it may only be rebutted through an objective assessment demonstrating an inability to understand, appreciate, or make a decision. The research seeks to analyze the legal and philosophical framework underpinning this legislation, highlighting how it strikes a careful balance between legal protection and individual freedom. Using a descriptive–analytical approach, the study examines relevant statutory and doctrinal texts, alongside judicial applications that have helped consolidate the notion of mental capacity as a functional and situational concept, rather than a fixed or permanent mental condition. The findings reveal that the Mental Capacity Act represents a fundamental shift in English legal thought, embodying a human-centered approach that promotes a more balanced and dignified understanding of capacity, reason, and personhood. This model could serve as an inspiring foundation for the future development of other legal systems seeking to reconcile protection with autonomy in a humane and equitable manner.

The independent guarantee contract, in the strict sense of contracts, is a contract that the will of the parties to the security transaction in the broad sense tended to consider as an independent contract that stood on its own, and separated it from the case of dependence known as traditional guarantees. Subordination, in the sense that the nullity, dissolution, or termination of the main relationship does not entail the expiration of the independent guarantee, or that there are reasons attributed to the creditor that lead to its expiration.
It is based on this that the independent guarantee ends with the original well-known reasons for expiration or with reasons dictated by the nature of the contract itself, such as the expiry of its validity period, but the matter does not apply to its release, which is not to transgress public order, in other words, the establishment of an independent guarantee, as a guarantee of an unlawful commitment, leads to the termination of the guarantee contract accordingly expiration of the independent guarantee.

This research examines the legal framework governing the investment of retirees in Iraq, focusing on their employment after retirement, as one of the ways to benefit from the nation's human capital. The research reviewed the applicable legal provisions, both those related to rights and duties, particularly Resolution No. (361) of 1985 and Instructions No. (7) of 1985. It revealed their inconsistency with constitutional texts and modern laws, such as Labor Law No. (37) of 2015 and Retirement and Social Security Law No. (18) of 2023. The research argues that the absence of specific legislation regulating the employment of retirees has led to the disruption of their energies and their exclusion from the labor market, despite their expertise and competencies. Accordingly, the research calls for the issuance of a special national law addressing this issue, which would ultimately achieve a balance between retirement rights and freedom of work, thus contributing to economic and social development.

The world has been and continues to be a theater of wars that inflict physical and moral damage on human beings. Since the establishment of the United Nations, the world has been searching for solutions to the crises caused by wars. The international community has addressed this problem by concluding numerous international agreements to deal with situations of war and armed conflict, including, for example, the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, which included many provisions seeking to regulate the rights of civilians, children, and even participants in armed conflict, with the aim of limiting the harm that may befall them. The Arab Gulf states have also sought to provide greater protection for children in situations of armed conflict by enacting domestic laws to protect children. However, despite these provisions, they have not provided adequate protection for children during wars and armed conflicts. This has prompted us to prepare this research to develop an Arab mechanism through which adequate protection can be provided to children during armed conflicts at the Arab level, in the hope that it will serve as a nucleus for providing more protection to children at the international level.

Recent developments in self-driving vehicles have become one of the most important issues that must be researched, especially with regard to civil liability arising from accidents involving these vehicles. With the issuance of Law No. 9 of 2023 regarding the regulation of the operation of self-driving vehicles in the Emirate of Dubai, as it is the first law to regulate this activity in the Arab world, it is a new activity in our contemporary reality which is extremely complex due to the intertwining of the relationships of the parties influencing its subject, so the law required studies to clarify the aims of its regulation and provisions in a way that reveals the approach followed by its legislator. It has become necessary to search within the details of this law for several issues, the most important of which is the civil liability arising from accidents of these vehicles, analyzing and criticizing them to determine their legal nature, since the law did not allocate more than one article which is Article 14, to the judgement of civil liability, in addition to searching for the nature of the operator of self-driving vehicles. The research followed the descriptive approach within the limits of defining self-driving vehicles, the analytical approach within the limits of defining the nature of the operator, and the critical approach in revealing the operator's responsibility in the law of operating self-driving vehicles, in three sections, and in the conclusion, it reached several results and recommendations, the most important of which was the issuance of an executive regulation for Law No. (9) of 2023 regarding the regulation of operating self-driving vehicles in the Emirate of Dubai, detailing its provisions and implementation.

This research examines the position of the Federal Supreme Court in the United Arab Emirates on guaranteeing moral damage to spouses and relatives in the event of non-fatal injuries. We find that the Federal Supreme Court had an ancient approach stipulating the possibility of compensating spouses and relatives for the moral damage they suffer as a result of their relative’s injury, even if that injury did not lead to death, based on the principle of full compensation for damage.
While the Supreme Court did not maintain the same position regarding the possibility of compensation for moral damages resulting from non-fatal injuries, as it ruled in most of its recent rulings to limit compensation to cases in which the injury leads to the death of the injured person. Spouses and relatives cannot be compensated for moral damages that are caused. As a result of their relative being injured, as long as he is still alive, and regardless of the degree of that injury.

This study aims to explore the concept of the empowerment of working woman as a critical pillar in the development and evolvement of the society, in addition to examining the challenges women face in enabling them to hold public positions; then to identify the legal principles established by the Saudi Law to achieve the principle of gender equality; and finally to demonstrate the legal rights granted by the Saudi Law to working women; accordingly, the researcher relied on the descriptive and analytical approach as a methodology for the research, The researcher reached several results, the most important of which are: The Saudi legislator has been keen to implement the principle of equality for working women in terms of rights and duties within the workplace, emphasizing that women should be treated equally with men. The legislator implemented this by using the term "worker," which encompasses both genders. The Kingdom has been keen to integrate women into comprehensive development plans, making their support and empowerment key objectives of Saudi Vision 2030. Therefore, the Saudi Law has focused on women's participation in political, legislative, and economic life by appointing women to leadership positions in the Kingdom. The researcher recommended the need to enhance women's self-efficacy through their participation in numerous training programs and practical courses that qualify them to make and take decisions. The researcher also recommended the need to shed light on the distinguished leadership models of Saudi women who have contributed to decision-making and occupying leadership positions via mass media, in order to change society's perception of women and their effective role in the political, economic, and social domains.

The oceans contribute a fundamental role in regulating the Earth's climate by absorbing heat and almost a third of the total carbon from the atmosphere. As a result of human activity, the percentage of greenhouse gases in this atmosphere increased, and then the percentage of what the oceans absorbed from them increased, because ocean acidification and climate change are two phenomena that are closely interrelated. Close, because carbon dioxide is the largest greenhouse gas in terms of volume, and it is also the main cause of ocean acidification. This means that mitigating global warming by reducing carbon dioxide concentrations in the atmosphere will lead directly to mitigating the impact of ocean acidification.
In this research, we will discuss the available methods for dealing with ocean acidification in international law, as it is one of the most future threats to the marine environment. Some international agreements on the environment and research initiatives adopted by international organizations in this regard.

Universities derive their administrative structures and powers from Ministry Law No. (40) of 1988 and University Service Law No. (23) of 2008. The powers and administrative structures of universities and colleges are centralized, as defined by the Ministry Law and related regulations and instructions. These can only be altered by amendment from Parliament or by regulations or instructions from the Ministry. Universities and colleges cannot develop themselves except through new legislation, which may take years to enact or grant them the necessary powers.
There are several obstacles that contribute to hindering the development of the administrative organization of universities and colleges in Iraq. Some of them are legislative, related to state policy, some are technical, related to the need to develop leadership and staff, and some are administrative and financial. As for the proposed solutions, it is necessary to address the legislation related to higher education, most importantly the Ministry of Higher Education Law of 1988, so that universities and colleges can develop themselves, expand, and decentralize their powers and work in a way that serves their administrative organization. The executive authorities must adhere to the legislation for establishing university institutions (universities, colleges, etc.), so that the establishment occurs after the completion of the requirements of infrastructure and funds. A high governmental committee should be formed, consisting of (higher education, planning, and finance), to inspect all universities, especially their administrative, financial, teaching, and infrastructure structures, and consequently hold accountable senior university leaders who are negligent in their work. In order to achieve administrative integration in universities, each university should be obligated to establish a center for strategic or international studies and research after fulfilling its requirements, or advanced scientific and administrative centers that help the university reach regional and global levels on the one hand, and help the university obtain a good financial resource through innovations and patents. Finally, it is necessary to establish a council concerned with universities called the (Council for Regulating Iraqi Universities), which consists of all official government universities in addition to a representative of private universities. Its goal is to develop practical and implementable plans for developing universities administratively, academically and financially, in addition to providing consultations to the government before issuing decisions to establish new universities or colleges in order to maintain the quality of higher education in Iraq and the ability to compete with regional and global universities.

This study analyzes the criminal liability for crimes resulting from errors of self-driving vehicles in Saudi Arabia through a comparative approach assessing the adequacy of current legislation to cope with technological advancements. The descriptive-analytical method was applied by examining relevant local and international laws, as well as exploring legal perspectives on whether artificial intelligence could bear criminal liability or if responsibility should be assigned to manufacturers, programmers, or users. The findings reveal that the existing legal framework is insufficient, as it is built on the premise of a human actor, which makes it inadequate for addressing autonomous vehicles. The study recommends legislative amendments to define the roles of different parties clearly and to establish mechanisms that ensure accountability for crimes resulting from AI errors. It further suggests considering artificial intelligence as a legal entity under specific regulations to balance technological innovation with legal security.

This research aims to explore and analyze the means of influence that a witness may be exposed to in the Sultanate of Oman, and their potential impact on the validity and credibility of testimony before the courts. The study begins by clarifying the legal status of testimony as an important means of proof in the Omani Evidence Law (Royal Decree No. 68/2008), with reference to the conditions and procedures regulating the performance of testimony, such as the obligation for a witness to ally and perform testimony in private. The research also addresses types of influence that may include pressure, threats, or even factors that influence a witness's recollection or understanding of the incident. The study highlights the importance of witness protection, noting that the Omani legislator has addressed some criminal measures related to witness protection, but recommends the necessity of issuing an independent law or amending the Code of Criminal Procedure to ensure the provision of comprehensive and effective procedural (formal) protection, including means of protecting the identity of the witness and ensuring his safety, to enable him to testify with complete freedom and without fear, which enhances the achievement of justice.

The delayed execution of government investment projects is one of the most pressing challenges facing development in Iraq. Despite the existence of the Government Contracts Implementation Instructions No. 2 of 2014, these delays persist and often result in substantial economic losses and missed investment opportunities. This research aims to analyze the legal and administrative reasons behind the repeated delays in the implementation of such projects. It adopts a practical approach by examining selected case studies and official audit reports from Iraqi oversight bodies to identify the main weaknesses in the legal framework, particularly regarding the bidding process, contract awarding, execution phases, penalty mechanisms, and follow-up procedures. The delay in the completion of government investment projects in Iraq is a recurring and ongoing phenomenon that casts negative shadows on the developmental and economic reality. It has become a real barrier to improving the investment environment and attracting capital. The main reason for this delay is attributed to deficiencies in the legal and regulatory framework governing government contracts, especially the Government Contracts Execution Instructions No. (2) of 2014, which were not designed adequately to address emergencies and changes that occur during execution. The current mechanisms do not ensure speed in allocation, and they suffer from the multiplicity of oversight bodies and overlapping authorities, creating excessive bureaucracy.
Furthermore, the study provides a comparative analysis with the Jordanian model, which has demonstrated relative success in improving the efficiency of public investment projects. By exploring the legal structure and regulatory practices in Jordan—especially the public procurement system and digital oversight tools—the study aims to extract valuable lessons that could inform Iraqi legal reforms.

The research dealt with defining international and domestic law and its trends in the first section. In the second section, the research dealt with the theories of the two laws, and in the third section, the position of international law on the Iraqi and Jordanian legal system.
I divided the first section into two requirements: the first was to define public international law as a branch of legal science and how scholars differed in naming this law. some called it) the law of nations) and some called it) the law of peoples). i explained its trends, which are the classical trend)which is a group of legal rules that regulate relations between states, and it is concerned with regulating rights and duties) and the objective trend)which considered the individual to be the only person of international law, who has the will, and that the legal personality of the state is merely an assumption that has no reality in existence) and the modern trend)which is to combine in their definition of international law the state and other persons of international law)
In the second section, i defined internal law and explained the definition of legal scholars and philosophers, which is a formula for social behavior patterns. In a narrower definition, it is: a set of binding rules that govern the complex relationships of people living in society.
in the second section, i discussed the theories of international and domestic law, where i explained in the first section the theories of the two laws, which are:)the theory of duality: which means making the rules of public and domestic international law one block, i.e. a legal system that is not separate from each other) and the theory of) the unity of law: which is the opposite of the previous theory and considers each law separate from the other, and is based on the idea of legal gradation). on this basis, the supporters of the theory of the unity of law were divided into two directions) the first is the proponents of the theory of the unity of law and the supremacy of domestic law, and the theory of the unity of law and the supremacy of international law), and in the second requirement I showed the conformity of the two laws with the constitutions of the countries and its position on the Iraqi and Jordanian law. i showed in it that as a result of the contradiction between the theory of duality and the theory of the unity of law, the practical applications also differed through) international relations, international judiciary, and the constitutions of the countries). In the third section, I explained the position of international law on the Iraqi and Jordanian legal system, and explained the constitutional articles and laws in both countries.

Legislative governance is one of the important and emerging topics that deals with modern mechanisms and methods to raise legislative work to the level of legislative quality. As is known, the legislation that regulates the affairs of public employees in the public service, specifically in the field of training and administrative development, still suffers from deficiencies in organization in terms of legislative formulation on the part of, On the other hand, these legislations have adopted and still adopt classical school methods in training, in addition to the absence of technological support and financial accreditation. This is because the process of training and development, and then job evaluation to know the feedback or results of training, is an ongoing process and does not stop at a certain point. It is developed in terms of training methods and the level of training, according to the job ladder, to ensure the advancement of competent and qualified employees to occupy higher positions, This continuous and sustainable process must be surrounded by administrative and legal guarantees for the employee, allowing him to confront management in the event of its abuse of authority. This study focuses on the most important obstacles to training, development, and job performance evaluation, and the role of legislative governance in controlling the rules governing them.

The United Nations Convention on the Law of the Sea, which was concluded on December 10, 1982, guaranteed cooperation between states in all matters related to the seas. It established a legal system for the seas and oceans that facilitates international communications and encourages the use of the seas and oceans for peaceful purposes and the use of their resources in a manner characterized by fairness and justice. Protecting and preserving the marine environment and preserving its living resources, taking into account the sovereignty of all States, and whereas States Parties bear in mind that achieving these goals will contribute to achieving a just and equitable international economic system that takes into account the interests and needs of all humanity, in particular the interests and needs of developing States, whether coastal or landlocked, When any maritime disputes arise between the states party to the Convention, these states may resort to peaceful means of settling disputes or resort to the courts stipulated in the Convention to resolve maritime disputes.
The International Tribunal for the Law of the Sea plays a prominent role in settling international maritime disputes. It is an international judicial body specialized in deciding issues related to the law of the sea, whether it is a matter of interpreting or applying the United Nations Convention on the Law of the Sea of 1982, or it is a matter of interpreting or applying an international treaty or agreement. Relevant to the purposes of the Law of the Sea Convention after the parties to that treaty or agreement agreed to refer it to the court. The court received (33) cases in which it decided, including those related to the immediate release of ships and their crew, or related to precautionary measures, or the settlement of maritime borders, or anything related to Protecting the marine environment.

Relying on criminalization and punishment to combat drug abuse is insufficient. It must take multiple legal dimensions. Civil law must play an effective and influential role alongside the legal system addressing drug-related harms, through tortious liability rules to remedy such harms. This will provide civil deterrence alongside criminal deterrence. Civil law can define the scope of these victims by establishing the legal basis for compensation based on tortious liability rules. Establishing the right to civil compensation for drug victims requires a logical legal basis that facilitates the victim\'s proof and adjudication before civil courts. Tortious liability can be another legal means of imposing financial penalties to combat this harmful act (illicit drug trafficking) and provide redress for victims harmed by drugs.