TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: In conclusion, the study indicates that requiring a qualified majority or two-thirds majority for electing the president and granting confidence to the government leads to the paralysis of state institutions, particularly in proportional parliamentary systems with fragmented parliaments, as in Iraq and Lebanon. In Iraq, the Supreme Federal Court created the phenomenon of the \\\\"blocking third,\\\\" making the presidential election virtually impossible without the agreement of the major blocs. In Lebanon, parliamentary custom and the interpretations of the Speaker of Parliament have made a two-thirds quorum a requirement for every round of voting, turning boycotts into a permanent strategy for postponing the election, while simultaneously undermining the original constitutional provision that allows for an absolute majority after the first round. The direct consequence of this situation is the weakening of the executive branch\\\\'s legitimacy, as the president becomes a figurehead and the prime minister is forced to appease the blocs to secure a vote of confidence, leading to ministerial power-sharing and poor government performance. Furthermore, prolonged political deadlock paralyzes budgets and legislation, reducing the government to a caretaker administration with limited powers. Furthermore, the qualified majority and the blocking third grant minorities obstructionist power, fostering a culture of forced compromise and making external pressures more influential on local authorities. To address these problems, the study recommends gradually reducing the majority threshold in cases of failure, defining the largest bloc constitutionally, and clarifying the role of the judiciary in resolving electoral disputes. It also proposes adopting a presumed confidence in the government to ensure state continuity, strengthening the popular legitimacy of the executive branch, and establishing clear mechanisms to break political deadlocks and guarantee the uninterrupted functioning of state institutions.

Abstract: The legislators are keen to protect the female from special protection in proportion to her weakness. The fact that al-Bari is more compassionate than men is one of the aims of the current legislation. The current legislation seeks to eliminate the harmful practices of female safety, including circumcision, It is through his statement on the one hand and the statement of the position of legislation in criminalizing it.

Abstract: This study also examines the extent to which modern technological developments to deserving the necessary protection . The general system has all its components , or has it negatively affected them through the administration’s inability to absorb these Rapid developments , it has become evident that the development of the electronic management system has become a major concern at all levels . It responds to the aspirations of the beneficiaries , whether from individual or institutions . And works to provide the best service in return overcoming the threshold , and satisfying their needs with a great deal of transparency , integrity and equality , this is on the part of individual . On the other hand , the institutions are considered a straightforward way to improve the performance of the government apparatus , and they are also considered the most appropriate way to restore distinction between individual and government institutions through their contribution to mitigation separately Administrative burdens , as the need for technology , public institutions and their administrative apparatus for technology is no less important private institutions to them , we note that the public institutions have administrative obstacles , which always drives them to research . it does not find solution to these problems that are more appropriate than changing its management style from the traditional bureaucratic method Rigid to the flexible electronic method in order to get out of the obstacles od traditional management .

Abstract: The prohibition of any type of environmental destruction is an international goal due to the increase in industrial activities that produce severe effects on the environment on the one hand, and on the other hand the large number of international and non-international armed conflicts and their direct impact on the environment, as the latter is an important element for survival, and therefore any destruction of the environment is in itself a destruction of humanity.
Therefore, an international ban must be provided for every type of environmental destruction, based on the international texts provided by the environmental agreements, as well as the international principles that prohibit environmental destruction during armed conflicts and even in times of peace.
The international community had to address environmental destruction or at least reduce it. Agreements and conferences held on environmental protection alone are not enough. There must be a practical means to hold accountable those who commit acts of environmental destruction. This task falls to the international judiciary, which is best suited to bring states and individuals convicted of destroying the natural environment before international civil or criminal justice.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research examines the constitutional and legal framework for nanotechnology in Iraq (a study of government applications and their impact on fundamental rights), which is a modern topic that has seen widespread development in various fields, including health, the environment, and defense. The research focuses on the extent to which Iraqi legislation can regulate this technology in the absence of specific laws given its impact on fundamental human rights such as the right to life, security, and a healthy environment. The research discusses the role of the Iraqi constitution in providing the necessary protection for these rights, touching on the most important constitutional principles that can be used to regulate nanotechnology, such as the principle of the rule of law and the principle of precaution. The researcher concluded that Iraqi legislation is weak in regulating this technology, which has created a legislative gap that requires intervention to amend legislative texts to keep pace with technological developments in order to protect individuals from the risks that may arise from this technology.

Abstract:: This research provides an in-depth legal study of international criminal protection for internally displaced persons (IDPs), aiming to analyze the international and national legislative frameworks designed to ensure the rights and protection of this vulnerable group. The study adopts an analytical approach to relevant international legal instruments, including the 1949 Geneva Conventions, the 1977 Additional Protocols, the 2009 Kampala Convention, and the 1998 Rome Statute of the International Criminal Court. The research demonstrates that internal displacement is a complex phenomenon with humanitarian and security dimensions that require integrated international and national efforts to address. It further reveals that the protection afforded to IDPs remains limited in effectiveness due to weak domestic implementation and lack of legislative harmonization with international obligations. The study concludes by emphasizing the need to activate international mechanisms—particularly the International Committee of the Red Cross, the International Criminal Court, and the Internal Displacement Monitoring Centre—while urging states to adopt national legislation consistent with international standards to ensure comprehensive legal protection for internally displaced persons in both peace and conflict situations

Abstract: The Iraqi legislator has set the general conditions for the acceptance of a civil suit after obtaining explicit legal provisions in the Iraqi Civil Procedure Law No. 83 of 1969. These conditions are legal capacity, capacity (government), and interest. In order for the parties to the suit to be able to file a civil suit, they must have legal capacity and be of legal age, which is eight: interest. In addition, it is also required that there be sufficient (judicial) capacity. These conditions are difficult for the public court to accept the suit. There are some special conditions that must be met in order for the parties to be able to file the suit before the judiciary. Without these conditions, the court must accept and consider it. These conditions are included in several legal texts, some of which are emphasized by the civil law, while others are denied by the commercial law, the arbitration law, and other laws. These conditions are specific to the legal pillars of filing the suit, as the Iraqi legislator stipulated in the civil law that the suit be filed within one year from the date of the expropriation or six months from the date of the expropriation. The date of knowledge of the occurrence of the dispute if the dispute is real and the legislator also prohibited that the lawsuit containing. It is possible to initiate it before the conclusion of the pleading in the universal pleadings. And the other special conditions between the ruling in the lawsuit or the agreement on knowledge or arbitration by the opponents, since in the case of agreement the court is obligated to and the lawsuit (1) This occurred now to consider.

Abstract: This study examines the theory of contract conversion within the Iraqi Civil Code, a legal mechanism designed to salvage void legal acts by transforming them into other valid contracts, provided their essential elements are met. The text elucidates the fundamental distinctions between contract conversion and similar concepts—such as contract characterization (تكييف العقد) or rectification (تصحيح العقد)—stressing that conversion hinges upon the presumed (hypothetical) intent of the contracting parties . Furthermore, the research details the four conditions required to effectuate this conversion, the most prominent being that the void contract must incorporate the elements of a different valid contract that achieves the parties' economic objective. The source reinforces its theoretical framework by presenting judicial precedents from the Iraqi Court of Cassation, notably the conversion of a real estate sale executed outside the competent department into an undertaking to transfer ownershi [Finally, the text provides findings and recommendations to the Iraqi legislator to bolster this theory, with the aim of minimizing contract nullity and the consequent waste of time and effort .

Abstract: The penal text, like all other legal rules in the legal system of the state, includes two meanings: the general principle that applies by its rule to all individuals when they commit crimes, and the second is the exception that goes beyond the scope of the general characteristic of the text to address with its prohibitions and orders a specific group of individuals if they commit specific crimes. The importance of studying the effect of the exception on punishment in the penal text emerges in clarifying the philosophy of the legislator in legislating the exception in the penal text and determining the practical feasibility of the problems raised by the penal rule, not to mention taking into account the dividing lines between the general principle and its exception when applying penal article.

Abstract: This research addresses electronic transferable records as a modern alternative to traditional commercial papers, grounded in the principles of functional equivalence and exclusive control as legal guarantees for circulation and proof. It analyzes the technological foundations supporting them, particularly blockchain technology and smart contracts, as well as the role of the system operator in ensuring data security and service continuity. The study adopts an analytical–comparative approach with the Bahraini and Singaporean experiences to highlight advanced legislative models, in contrast with the legislative gap in Iraq, which remains limited to the Electronic Signature and Electronic Transactions Law without providing a comprehensive framework for such records. The research concludes that adopting a specific legal framework, coupled with licensing system operators, amending evidentiary rules, and launching experimental sandbox environments, constitutes a fundamental requirement for establishing a secure legal and commercial environment that enables Iraq to integrate into the global digital economy.

Abstract: This research examines special agreements through a foundational and applied approach, considering them an effective, flexible, and realistic mechanism for transforming the rules of international humanitarian law into operational, enforceable, and measurable obligations. These agreements do not diminish the minimum protection enshrined in Common Article 3. They contribute to translating general rules into practical measures that enhance the protection of victims of non-international armed conflicts and provide a suitable environment for voluntary compliance with international humanitarian law, particularly by non-state armed actors. There is no consensus on their legal nature or the legal system to which they are subject, as legal doctrines and judicial approaches vary. While there is general compromise that they should not be classified as international treaties, some argue for their subjection to international law or establish a especial legal system for them, based on the important role they play in implementing the rules of international humanitarian law, especially in non-international armed conflicts, as they represent a tool for expanding the scope of protection for victims of this type of conflict. The greatest challenge facing special agreements remains the reluctance of states to engage in them, fearing that this might be interpreted as legitimizing insurgency or equating non-state armed actors with states.

Abstract: The constitutional judiciary is the primary guarantor of the rights of individuals and institutions, ensuring their respect in accordance with the provisions of the constitution. It also undertakes the task of protecting public freedoms, guaranteeing the balance of powers, and maintaining the democratic system. Therefore, this research aims to determine the effectiveness of the constitutional judiciary in Iraq in protecting fundamental rights and public freedoms according to the 2005 constitution. In light of the security and political challenges facing the state, the analytical approach was adopted based on the study of constitutional texts and laws related to the work of the constitutional judiciary in Iraq. The research reached many results, perhaps the most prominent of which is the emphasis of the Iraqi Constitution of 2005 on a broad system of basic rights and freedoms. The research showed that the constitution provided an advanced framework for the protection of rights, especially in Articles (14–46), but the activation of these texts remained dependent on the extent to which the constitutional judiciary was able to apply them in reality. Despite the challenges facing the constitutional judiciary, it still constitutes a fundamental pillar in the Iraqi political system. It is relied upon to consolidate the rule of law if it is provided with an independent and secure institutional environment. The research recommends the necessity of developing the legislative framework regulating the work of the Federal Supreme Court by issuing legislation that ensures clarity in constitutional appeal procedures and expands the right of individuals to resort to the court to protect their rights and freedoms.

The tortious liability of a university public service employee arises when he breaches the duties legally incumbent upon him. These duties are divided into two categories: positive duties and negative duties, both of which the university public service employee is required to observe and comply with in the performance of his official functions.
Where tortious liability is invoked, the university public service employee will be confronted with three essential elements upon which such liability is founded, namely: fault, damage, and the causal link between them. Accordingly, if the fault of the university public service employee is established, and such fault results in damage giving rise to an obligation to provide compensation, provided that a causal relationship exists between the fault and the damage, tortious liability shall be established and compensation shall be due.

Abstract: This study aims to distinguish between the concepts of res judicata (the authority of a final judgment) and the enforceability/finality of judgments in judicial decisions, as each plays a distinct role within the judicial system and produces different legal effects on the parties to a dispute. Judicial judgments constitute a fundamental instrument for achieving justice and settling disputes; however, controversy persists regarding the distinction between judgments that enjoy the authority of res judicata and those that possess the force of finality. The significance of this study lies in clarifying the substantive differences between the two concepts, particularly in light of the lack of clear legislative regulation in this regard, which contributes to avoiding practical complications arising from their conflation in judicial application. The core research problem revolves around distinguishing between judgments vested with the authority of res judicata and those vested with the force of finality, given that each entails different legal effects on litigants and the stability of rights. The study adopts an analytical and descriptive methodology, drawing on doctrinal opinions and statutory texts in Iraqi and Egyptian legislation, with reference to other relevant legal provisions where necessary. The research is structured into two main sections: the first addresses the concept of judicial judgments vested with the authority of res judicata and those vested with the force of finality, while the second focuses on delineating the distinctions between them. The study concludes that res judicata entails the prohibition of re-litigating the same dispute once a final judgment has been rendered, thereby ensuring judicial stability and preventing the duplication of judgments, whereas the force of finality relates to the binding enforceability of the judgment, whereby it becomes final and no longer subject to ordinary means of appeal, without prejudice to the availability of extraordinary remedies. In light of these findings, the study recommends the enactment of clear statutory provisions that provide precise definitions of both concepts, guiding courts to ensure that litigants and judges properly understand the distinction between authority and finality, and encouraging higher courts to issue interpretive rulings clarifying the scope and application of both concepts. The study demonstrates that the distinction between the authority of res judicata and the force of finality is not merely theoretical, but has practical implications that affect the stability of judicial

Abstract: In the field of environmental protection, administrative regulatory bodies have been granted powers through laws and regulations to impose restrictions on individuals when carrying out their activities. Environmental preservation and protection are considered fundamental to public order in all its aspects. Administrative regulatory authorities exercise their power using material means such as regulations, decisions, and orders. Regarding legal mechanisms for environmental protection, regulatory bodies tasked with this responsibility utilize mechanisms such as licensing, risk assessment, and compliance. Given the importance of the environment and its related aspects, the state established a Ministry of Environment, which is closely linked to protecting the environment from pollution and plays a significant role in the renewal of natural resources.

Abstract: This study addresses domestic violence cases in Jordanian criminal law, focusing on the legal and social challenges in combating this phenomenon. The research aims to analyze Jordanian legal texts and assess their adequacy in protecting victims, alongside the societal challenges hindering crime reporting due to traditions and customs. The study finds significant progress in Jordanian legislation to protect victims, yet challenges remain, including difficulties in proving crimes, ensuring privacy, and weak enforcement of penalties. The study recommends improving evidence collection mechanisms, enhancing procedural confidentiality, and strengthening penalties, in addition to launching community awareness programs and providing comprehensive support to victims through governmental institutions and civil society organizations.

Abstract: Money laundering is a serious economic crime that aims to give the appearance of legitimacy to funds obtained from illegal sources, such as drug trafficking, corruption, or smuggling. Iraqi lawmakers have paid special attention to this crime due to its negative impact on the national economy and financial system . Anti-Money Laundering and Terrorism Financing Law No. (39) of 2015 was issued to regulate the provisions for combating this crime, as it defined the acts that are considered money laundering, which have a material element, in addition to the necessity of the moral element of the crime (criminal intent), as it is an intentional crime, and it may also require the fulfillment of a special or presumed element in accordance with the legal texts regulating its provisions .
The fulfillment of these elements together is necessary to establish the crime and impose the prescribed punishment on its perpetrators, based on the principle of (legality of crimes and punishments). Therefore, the Iraqi legislator had to be precise in determining the actions that constitute the material element of the crime . and also in identifying crimes that are considered a source of illegal funds (the original crime) to prevent any criminal from escaping punishment . Strengthening the judiciary’s authority to prosecute perpetrators of crimes and impose severe penalties on them, as the judiciary does not have the authority to expand the scope of the crime on its own unless there is a legal text that clearly and explicitly criminalizes the acts that constitute it or lead to it, in accordance with the principle of “the legality of crimes and penalties.” , Hence, the seriousness of the legislator’s role in organizing the elements of the crime and defining the acts that constitute it in a manner consistent with its seriousness, especially since it is considered an international crime .
Therefore, we will focus in our research on how the Iraqi legislator organizes the elements of the crime of money laundering in light of the provisions of the Anti-Money Laundering and Terrorism Financing Law No. (39) of 2015 and whether it is successful in its criminal policy followed in criminalizing the acts that constitute it . Thus, confronting its criminal danger and whether it is treated in determining its elements as one of the crimes of danger whose realization does not require the realization of its criminal result or as one of the crimes of harm whose realization of its criminal result is required, and what are the elements that constitute it .
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research addresses civil liability for damages arising from the use of substandard medical devices and solutions in dialysis centers, focusing on patient protection and ensuring their right to compensation. The research highlights the legal challenges associated with proving fault, damage, and causation, and the role of legislation in determining the extent of liability of the healthcare facility and the supplier or product. It also underscores the importance of establishing clear mechanisms for assessing compensation and distributing the burden of responsibility among the parties, comparing Iraqi legislation with Egyptian law, which relies on the strict liability of the product or supplier, thus facilitating patient protection in cases of latent defects. The study concludes that developing legislation, strengthening oversight of medical devices and solutions, and streamlining compensation procedures are essential steps to ensure a safe treatment environment and achieve civil justice.

Abstract: The study highlights that the rapid digital transformation necessitates legal safeguards for protecting digital rights. Although the Iraqi Constitution of 2005 does not explicitly mention "digital rights," several articles—such as 17, 38, and 40—implicitly support them. However, the current legal framework falls short in addressing privacy and data protection. Existing laws are limited in scope, and regulatory bodies like the Communications and Media Commission need to strengthen their role in safeguarding user rights. The study recommends enacting comprehensive data protection laws and amending proposed cybercrime laws to preserve digital freedom of expression. It emphasizes that digital surveillance must be legally regulated to ensure a proper balance between national security and individual rights..

Abstract: Tribal custom in Iraq constitutes a complex legal and social phenomenon that coexists with and interacts with the formal legal system. Iraqi society is characterized by its ethnic, sectarian, and cultural diversity, which has contributed to the survival and development of tribal customs as an important source for resolving disputes outside the framework of state authority. The practice of tribal custom has continued despite the various circumstances and policies that Iraq has experienced. During the Ottoman era, it witnessed limited control and implicit recognition of customs, and partial codification through the 1916 Tribal Disputes Law during the British occupation. Under the monarchy, there was constitutional recognition of tribal courts and their organization. However, under the centralized republican regimes, there were attempts to undermine tribal influence and customs. Finally, after 2003, tribal influence returned and moved towards constitutional organization to ensure that tribal customs are not practiced outside the formal legal and judicial framework, which could create a legal duality that weakens the state\\'s authority. The 2005 constitution was distinguished by its balanced approach towards tribes and the possibility of The legislator has several options for codifying tribal custom, such as total regulation by a special law that unifies the customs and purifies them from practices that violate the constitution under judicial supervision and ensures that it is not applied in serious crimes, or adopting partial regulation by integrating the accepted customs into the existing legislation and activating effective legal mechanisms with the contribution of specialists in tribal custom, taking into account the diversity of customs among tribes and ensuring that they do not violate constitutional principles or infringe upon basic rights and freedoms.

Abstract: Organized crime is one of the types of crime that has benefited from the knowledge revolution and technological progress, to cross the borders of states and increase their spread and magnify their danger. They are deliberately committed, and carefully organized gangs are planning them, governed by rules and customs, and under their control are funds and capabilities that make them affect all aspects of life. This prompted countries to cooperate to confront this threat that threatens their security and political, social and economic stability. The article here will seek to give a clear concept of organized crime, and explain its negative effects on the economic stability of countries.

Abstract: The electronic administrative decision represents one of the most prominent manifestations of digital transformation in modern administration, as it constitutes an extension of administrative will within a digital environment aimed at achieving speed, efficiency, and transparency in the adoption and implementation of decisions. The comparative analytical legal study focuses on deconstructing the concept of the electronic administrative decision and distinguishing it from the traditional administrative decision in terms of form, technical means, and its impact on ensuring the legality of administrative procedures and their compliance with the principles of public law.
The study highlights the actual use of electronic administrative decisions across various legal systems, with particular emphasis on the Egyptian, Iraqi, and French experiences. It analyzes the applicable legislation, such as electronic transactions laws, electronic signature systems, and the regulatory frameworks governing the issuance, publication, and monitoring of digital administrative decisions. Furthermore, the study examines the technical mechanisms that ensure awareness of electronic decisions and the means of guaranteeing their legal enforceability, while addressing the distinctions between individual and regulatory decisions in terms of binding effect, impact on stakeholders, and the certainty of knowledge.
© 2023 TUJR, College of Law, Tikrit University

Abstract: In recent years, the Kingdom of Saudi Arabia has witnessed legislative transformations within the framework of Vision 2030, aimed at achieving sustainable development and building a sustainable economy. This includes adopting digital transformation in judicial, commercial, and investment procedures and services. This transformation has contributed to the governance of the real estate investment sector and the establishment of an integrated real estate system, encouraging investors to enter the real estate investment market. This transformation is embodied in the establishment of a legal governance system that integrates digital transformation with real estate authorities in regulation, development, and oversight. This has been accompanied by the issuance of several real estate legal regulations serving both civil and commercial transactions. These regulations aim to build a robust legal and regulatory framework for real estate in the Kingdom of Saudi Arabia, guaranteeing the rights of all stakeholders. Based on this, this study, entitled "The Legal Regulation of Commercial Real Estate Transactions in the Kingdom of Saudi Arabia in Light of Digital Transformation and Vision 2030," highlights the importance of the study's focus on the legal rules governing the real estate investment sector. The study aims to identify modern commercial real estate regulations and therefore employs a descriptive, analytical, and comparative approach through in-depth analysis of these real estate regulations. The modern Saudi commercial character is relevant, and the bodies related to real estate governance and real estate management are among the most important results that the study reached, which is that the Saudi legal system has strengths represented in clear legal legislation supported by digital transformation. One of the most important recommendations is the need to develop the mechanism of judicial oversight of commercial real estate, through the establishment of specialized judicial circuits within commercial courts to consider disputes related to real estate transactions, in line with the legislative development and digital transformation of the commercial sector.

The legal value of epigenetic analysis lies in its ability to enhance the accuracy of criminal proof and to support judicial conviction based on reliable scientific foundations, especially in cases where traditional evidentiary methods are insufficient to establish guilt with certainty.
This study aims to examine the legal framework governing modern biological evidence and to analyze the admissibility of epigenetic analysis as a means of criminal proof. It also highlights the legal and ethical challenges associated with its use, particularly those related to genetic privacy and procedural safeguards. Furthermore, the research explores the position of legislation and legal doctrine regarding epigenetic evidence and its role in developing the criminal justice system while maintaining a balance between discovering the truth and protecting fundamental rights and freedoms

Abstract: Summary: International criminal responsibility of leaders focuses on holding political and military commanders accountable for international crimes, whether committed personally or through their subordinates. These crimes include war crimes, crimes against humanity, genocide, and the crime of aggression. This responsibility is grounded in the Geneva Conventions and their Additional Protocols, customary international law, and the Rome Statute of the International Criminal Court, which affirms the principle of individual responsibility, both direct and indirect. Direct responsibility arises when a leader commits, plans, or orders the commission of crimes, while indirect responsibility arises when a leader fails to prevent or punish crimes committed by subordinates, provided the elements of knowledge and effective control are established. International criminal tribunals, such as the ICTY and the ICTR, have developed precise standards for establishing command responsibility, including concepts of complicity and joint criminal enterprise. This framework reinforces the principle of ending impunity for leaders, ensures respect for international humanitarian law and human rights, and serves as a deterrent to promote international justice and prevent future violations.

Abstract: Modern technologies, particularly artificial intelligence (AI), are among the most important means by which they can play a prominent role in preserving cultural heritage and enhancing interaction between different peoples and cultures. By combining technology with human creativity, AI can open new horizons in exploring, understanding, and documenting heritage, making the human experience with their history and culture richer and more innovative. Cultural heritage represents a human characteristic shared by all people. It embodies evidence of human cultural and civilizational activities, while the philosophy of cultural heritage is based on the principle of preserving and promoting this heritage. From this standpoint, the human and legal duty to preserve and protect cultural heritage as it is emerges, without allowing it to disappear or change. Therefore, AI technologies contribute to the preservation and management of cultural properties, whether individual or collective, in a way that ensures the protection of heritage values and the enhancement of its social, economic, and environmental benefits in a way that achieves the maximum possible benefit from these properties.

Abstract: Under contract law, the date and place of formation carry significant legal implications. In electronic contracts, the timing and location of dispatching and receiving electronic messages are crucial for establishing contract formation. Currently, the Iraqi Electronic Signatures and Transactions Law contains specific provisions regarding this formation stage. However, to meet current legal and economic expectations aligned with emerging technologies, these dispatch and receipt provisions require modification. The purpose of this article is to offer legal recommendations for regulating the time and place of dispatch and receipt. Adopting a comparative analytical methodology, this study investigates the legal implications of contract formation under Iraqi law. The research identifies flaws in the concepts of dispatch and receipt, including legislative gaps. Furthermore, it concludes that current laws do not adequately address the legal challenges posed by modern technologies, such as the Internet.

guide behind every process of drafting or amending legal rules in a state. It is not merely a reaction to existing realities, but rather a forward-looking and strategic plan aimed at achieving specific social, economic, and political goals. The importance of this policy becomes particularly evident when facing radical challenges and unprecedented developments in traditional legal systems.
Perhaps the digital revolution and the accompanying tremendous advancements in communication and information technology represent the most significant challenge facing legislators worldwide in recent decades. This reality has given rise to new forms of transactions, most notably electronic contracts, which take place in a virtual environment that transcends geographical boundaries and is characterized by speed and intangibility. This profound transformation has put traditional rules of evidence, which have long relied on paper documents and handwritten signatures, to a real test, creating a state of legislative vacuum and legal uncertainty.
Here, the pivotal role of legislative policy emerges, as the legislator is expected to intervene to provide the legal infrastructure capable of accommodating these modern transactions. The electronic signature comes at the heart of this regulation, as it is the technical and legal tool that aims to bridge the gap between the traditional and digital worlds by providing functions for identification and acceptance of obligation.

Abstract: This study examines the impact of the U.S. occupation of Iraq after 2003 as a compelling case of human security violations. It links the modern concept of human security to the established rules of international humanitarian law and human rights law, outlining the legal obligations of an occupying power under the Hague and Geneva Conventions. The analysis demonstrates that the occupation’s policies—particularly the dismantling of state institutions and the resulting security vacuum—led to a profound deterioration of personal, economic, social, political, and community security, and contributed to societal fragmentation and the rise of extremist groups. The study concludes that the United States continues to bear legal responsibility for these harms and emphasizes the need for effective mechanisms of reparations, transitional justice, and the reinforcement of human security in national policies.

Abstract: Understanding the role of electronic means in advanced societies in social communication between individuals, which began to play a role in building relationships, traditions, and social customs among people on sound and correct foundations and rules, including clearly and directly on traditional social media (may), in addition to communicating using the digital environment on a wide scale, and since its beginning, some behaviors have begun to affect the violation of public morals and decency, and the impact is partially apparent. Due to the large number of violations, transgressions, errors, and risks of these activities during times of activity under the cover of openness and freedom, and in order to combat this phenomenon, the role of administrative control must be activated to maintain public order, both traditional and modern. Therefore, we learned about the concept of administrative control, public morals and decency, and electronic content, and we distinguished electronic administrative control from regular administrative control and administrative control. We explained how this phenomenon is addressed, all the administrative aspects during this period: administrative procedures such as electronic administrative procedures, prior authorization to practice administrative activity, and then we explained the administrative penalties in combating this phenomenon.