Al Mustaqbal Journal for Law Studies

While Artificial Intelligence (AI) technologies, particularly smart robots, have introduced numerous advantages and functionalities across various fields, they are not without their drawbacks. These detriments manifest in the commission of various offenses or the infliction of harm upon individuals and institutions. Although the inquiry into the legal liability of these technologies has been actively pursued in recent years, Professor Gabriel Hallevy posited several hypotheses in his 2010 study on the "Dimensions of Criminal Liability for Crimes Committed by Artificial Intelligence"—concepts that inherently apply to smart robots as the most prominent applications of AI. These hypotheses include imposing criminal liability on the owner or manufacturer, imposing liability on the AI entity itself (including robots), and imposing liability on an external party. Furthermore, legal literature has introduced another critical hypothesis in this context: the liability of the AI user or operator.
Accordingly, this research focuses on the liability of the manufacturer or producer of smart robots, given their critical role in potentially directing these entities to commit crimes or cause harm to others. To thoroughly examine this focal point, the study is divided into two main sections. The first section defines smart robots, identifies their producers, and establishes the foundational basis of legal liability. The second section addresses the various scenarios of this liability, encompassing both intentional and unintentional crimes committed by producers through the use of such robots. It subsequently explores the application of the "Perpetrator-via-Another" (Indirect Perpetrator) theory in these contexts. Additionally, it examines the hypothesis of robotic self-evolution, highlighting the potential for these entities to autonomously commit crimes—without the intervention of their producers or programmers—as a result of their self-development. Finally, the research outlines the potential penalties that could be imposed on the manufacturers and producers of smart robots under these circumstances.

Administrative liability of police officers for their professional errors refers to bearing the consequences of professional fault, meaning that a person is responsible and accountable for his own mistake and for the mistakes of those under his supervision, within the limits established by law. This liability arises when there is a breach of a legal obligation during the performance of duty or as a result thereof.
As a member of the internal security forces affiliated with the Ministry of Interior, the police officer bears many professional duties. In carrying out these legally defined duties, he is not permitted to deviate from or exceed them. Therefore, the importance of this topic lies in proposing theoretical and practical, legislative and judicial solutions that strengthen the principle of the rule of law and improve the performance of police officers. This has led to the study of professional errors committed by police officers and how the legislator, jurisprudence, and the judiciary in Iraq and in comparative countries, namely France and Egypt, have addressed them. The study also examines when the fault is personal, borne solely by the police officer, and when it is institutional, borne by the Ministry of Interior according to the relationship of subordination, as well as clarifying the impact of this liability in terms of the administrative sanctions imposed on police officers.

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Security from crime is the cornerstone of societal growth and development. Addressing the consequences of crime without investigating its root causes is an inadequate approach to eradicating it. Traditional policing focuses on preventing and combating crime without exploring its causes, methods of prevention, or rehabilitation. This approach is countered by the evolving nature of crime, as police continue to employ the same methods. This has led to a proliferation of crime and rendered traditional police methods ineffective. Consequently, researchers and criminal law specialists have turned to community partnerships or community policing as a means of crime prevention and protecting society from its effects.
This research aims to shed light on community policing by presenting its concept and legal basis, and exploring its role in crime prevention. The research reached several results, the most important of which is the statement of the definition of community policing, which consists of two meanings. The first is broad, which includes members of the community, its police officers, and official and unofficial institutions in the state. The second is narrow, which includes community police officers who specialize in community issues. The research also showed the existence of a legislative deficiency to regulate community policing in Iraq. To address the deficiency, Iraqi security legislation can be amended and social duties can be added to the police to form the narrow meaning of community policing, so that the two meanings form two wings that can enable the community to take off away from the causes of crime and its dire effects.

The Contemporary social, economic, political, and cultural transformations have expanded the role of the state and intensified administrative authority in regulating public affairs and individual conduct. While the primary aim of administrative legislation is to guarantee the exercise of rights and freedoms in harmony with public order, practical realities reveal that such regulation often serves as a channel for restricting or eroding fundamental rights. This problem becomes more acute when administrative authorities employ discretionary powers in ways that exceed constitutional and legal boundaries , The challenge is particularly evident during exceptional circumstances, when constitutional guarantees are temporarily suspended, and administrative bodies are granted broad emergency powers. Although such measures are justified on grounds of safeguarding public security, they may also enable the misuse of authority under the pretext of necessity, thereby undermining the essence of individual and collective freedoms.

The attainment of health security constitutes a strategic objective pursued by the public administration, as it represents a fundamental pillar for the protection of public health and the preservation of societal stability. Nevertheless, the exercise by the administration of its powers in this field may give rise to questions regarding the limits of its authority and the extent to which it is subject to the principle of legality.”
his necessitates the establishment of effective oversight mechanisms that ensure a proper balance between the requirements of the public interest and the protection of individual rights. Such oversight takes various forms, including non-judicial oversight—whether political or administrative—as well as judicial oversight exercised by both the administrative judiciary and the ordinary judiciary, thereby reinforcing the principle of the administration’s subjection to the rule of law.
Moreover, the matter does not stop at the limits of oversight alone; rather, the achievement of health security gives rise to multiple effects impacting both the administration and individuals. From the administrative perspective, health security produces organizational and structural repercussions within public institutions, in addition to financial effects related to the resources allocated thereto. At the individual level, the attainment of health security is reflected in the enjoyment of health-related rights and freedoms, while at the same time imposing obligations and duties upon individuals with respect to public health measures.

A person is criminally liable when they commit a crime as defined by law. Therefore, when a person provides assistance to a perpetrator of a crime against the external security of the state, they are subject to criminal prosecution because they are considered an accomplice. The legislator's purpose in criminalizing the provision of assistance to a perpetrator of a crime against the external security of the state is that this act demonstrates the person's betrayal of their state, as they are aiding someone who attacks the security and sovereignty of their country, despite knowing their intentions , The crime of providing assistance to a perpetrator of a crime against the external security of the state, knowing their intentions, requires the presence of two elements: the material element and the moral element. The crime is established when both elements are present, and the crime is not established when either is absent. Furthermore, the commission of any crime entails the imposition of the legally prescribed punishment. Thus, when someone knowing the intentions of a perpetrator of a crime against the external security of the state provides assistance, they are sentenced to the legally prescribed punishment for that crime .

This study undertakes a philosophical and critical examination of the crisis of the Arab legal mind in matters of personal status, with the objective of revealing its historical, methodological, and epistemological dimensions. It is grounded in the assumption that the Arab legal intellect has been unable to achieve a coherent methodological equilibrium between the deductive legacy of Islamic legislation—embodied in the interpretive instruments of Usul al-Fiqh (the principles of Islamic jurisprudence)—and the conceptual framework of modern legal rationality.
This methodological dissonance has generated a profound contradiction within the structure of legal reasoning itself and within the foundational bases of understanding and interpreting legal texts, particularly in the realm of personal status law, where religious and secular legal paradigms most vividly intersect. The study further aims to analyze the structural and cognitive roots of this crisis and to assess its theoretical and practical implications for the coherence and stability of the legal systems governing personal status in Arab and Islamic societies.

Artificial intelligence technologies are rapidly evolving, showing a clear impact on managerial decision-making. Organizations rely on AI tools to analyze big data, facilitating the understanding of trends and patterns. These technologies assist leaders in making informed decisions based on precise information analysis. Through automation and machine learning, efficiency can be improved, and human errors reduced. They also enable the customization of services and products to meet customer needs. The use of AI in decision-making is a strategic step that enhances the competitive capability of organizations.

Criminal procedural legislation is concerned with regulating a specific type of relationship between the state and individuals. This relationship comes into existence when its cause is realized by the occurrence of a crime. The legislator, in principle, establishes general rules with precision and clarity to regulate this relationship. However, there are certain cases that require deviating from the rule of these rules to achieve certain goals. For this reason, the procedural license was legislated as a procedural mechanism approved by the legislator contrary to the general rule, with the intention of creating a kind of balance between conflicting interests. The importance of this research comes from explaining the legislator's philosophy in establishing procedural licenses and the extent of their effectiveness in achieving their effects in the course of the criminal case, to address the confusion that has become widespread in jurisprudence between them and other legal systems such as rights and duties, and to know the dividing lines between the general rule and the procedural license.

The contemporary global system in the current century suffers from newly emerging criminal phenomena with diverse goals, dimensions, and ideologies, including the phenomenon of nuclear terrorism. It is one of the most dangerous local and international threats facing our modern world, as its effects extend to local development and international relations.
The term “nuclear terrorism” has become one of the most widespread terms globally, as hardly a day passes without the media reporting a terrorist incident. Consequently, terrorism in general, and nuclear terrorism in particular, has become a central concern for humanity and the international community as a whole However, with technological and technical advancements, the problem of nuclear terrorism has grown increasingly complex, making it difficult to control.

This study examines the legal nature and practical consequences of State of the Art clauses in long-term construction and infrastructure contracts, particularly projects spanning ten years or more, where technological evolution may fundamentally affect performance assumptions. The core inquiry is whether such clauses create an obligation of result—requiring the contractor to redesign and adopt newly emerging technologies during execution—or merely elevate the contractor’s standard of care to an enhanced professional diligence benchmark at the time of design and procurement. The paper first clarifies the concept and contractual forms of the clause, distinguishing it from adjacent notions such as Good Industry Practice and Best Available Technology, and then applies the classical distinction between obligations of means and obligations of result to determine the clause’s legal characterization and its implications for liability allocation and the burden of proof. The study argues that, where state of the art language is drafted broadly without a defined reference date and without a structured change-management mechanism (variation, pricing, and time adjustment), the more coherent interpretation is an enhanced standard of care assessed at the relevant design/tender stage, rather than a perpetual guarantee to incorporate every subsequent innovation. This baseline shifts, however, when the clause is coupled with measurable performance warranties, fitness-for-purpose undertakings, or where new technology becomes mandatory due to binding safety regulations, legislative changes, or compulsory standards—transforming the issue from discretionary improvement to mandatory compliance. The analysis places particular emphasis on Iraqi law, relying on the principles of good faith and implied contractual obligations, as well as the hardship doctrine (exceptional unforeseen public events) as a rebalancing tool where dynamic interpretation would otherwise impose excessive and unpriced burdens. It concludes that the emergence of new technology in the fifth year generally triggers a contractual change process—through a formal change order with corresponding price and time consequences under Iraqi public procurement practice—rather than an automatic, cost-free redesign duty.

The right of usufruct in digital real estate is one of the contemporary legal issues that has begun to generate wide scholarly debate amid the rapid expansion of digital ownership. This topic reflects the growing need to adapt traditional civil law concepts—such as property and usufruct—to the digital environment, where virtual assets are increasingly recognized as having real economic value. The study examines the legal nature of digital usufruct, its compatibility with classical property law principles, and the challenges of regulating use, transfer, and protection of such rights within virtual environments. It also emphasizes the importance of establishing a clear legislative framework to safeguard digital property rights and ensure legal certainty in the age of technological transformation.

The resoiuion conflict of laws issues in the United States has often resulted from the distribution of legislative and judicial powers stipulated in the US Constitution between the federal and state governments, on the one hand, and the Supreme Court's pursuit of material justice, on the other. This has led to inconsistent rulings in conflict of laws cases from state courts, federal courts, and even the US Supreme Court, thus opening the door wide to judicial interpretation in resolving conflict of laws issues independently of the application of traditional conflict-of-laws.

Securitization is a financial mechanism that enables banks to guarantee credit, manage risk, and enhance liquidity by converting illiquid loans into tradable securities. However, the legal and regulatory landscape governing this practice has been radically reshaped in the wake of the 2008 global financial crisis. At the heart of this transformation is a shift from a model that facilitates widespread risk transfer to one that imposes risk retention and strict prudential standards, The 2008 financial crisis had a devastating impact on the stability of the banking system, as the expansion of securitization prior to the 2008-2009 financial crisis provided alternative sources of liquidity and increased bank lending capacity. During this expansion, the high-risk mortgage market experienced a boom and subsequent collapse. However, studies on securitization are insufficient to demonstrate this impact on bank performance. The results suggest that securitization is a cost-effective source of liquidity for banks, as traditional bank financing costs play a diminishing role in the supply of bank lending, Nevertheless, the potential for developing asset securitization remains enormous, reflecting the huge size of bank credit assets (mostly loans), the urgent demand for project financing, and policy support. This chapter reviews the historical development of China's securitization and benefit-sharing market, discusses current challenges, and offers policy recommendations, particularly for improving legal frameworks, liquidity, information disclosure, credit ratings, and market communication, Securitization is the process of taking illiquid assets or a pool of assets and, through financial engineering, converting them into investable securities. Understanding securitization is crucial for both investors and economists because it plays an important role in shaping credit markets and can have far-reaching implications for the global economy, Surprisingly, there are few studies that examine the impact of securitization on bank lending.

An investor's reluctance to resort to national courts to resolve disputes with the state leads them to adopt arbitration as the safest means of conflict resolution. Arbitration is the specialized form of dispute resolution for investment disputes, and it serves as a tool to encourage foreign investment and, consequently, the growth of international trade.
Resorting to arbitration grants the disputing parties broad authority in determining the appropriate method for resolving the dispute. It allows them to choose the arbitrators and the applicable law. Furthermore, practical experience confirms that the state is no longer the stronger party in administrative contracts; rather, the investor, due to their financial resources, holds the greater power.
Therefore, it is essential to focus on the arbitration system and its culture by understanding international agreements governing investment arbitration, as well as its procedures and advantages. Furthermore, developing a robust arbitration system necessitates training legally qualified personnel to effectively handle arbitration cases and represent the state well before international arbitration centers.

Legislation aims to regulate the right to freedom of expression through various peaceful means, including the organization of sit-ins by citizens. This highlights the importance of research in shedding light on individuals' exercise of their right to assemble. The research problem lies in finding a balance between individuals exercising this right and the authority of administrative control in this area. The research adopts an analytical approach to the texts governing the work of administrative control authorities in this field. Consequently, the research topic is divided into two sections. The first section clarifies the nature of the legal framework governing administrative control authorities in dealing with peaceful sit-ins, while the second section examines the effects of the exercise of administrative control authorities in dealing with peaceful sit-ins. The research concludes with a number of findings, including that administrative control authorities have been granted multiple powers regarding the organization of sit-ins, such as granting approval for holding a sit-in, issuing a license for it, restricting it in terms of time or place, prohibiting and banning it, or dispersing the participants. Among the most important recommendations is a call for the Iraqi legislature to expedite the enactment of a law Freedom of expression, assembly, and peaceful demonstration, and adding sit-ins to the draft law to be comprehensive of all means by which individuals can exercise their constitutional rights, as well as setting precise controls and instructions that regulate and restrict the powers of administrative control when confronting sit-in participants and individuals who intrude on the sit-in or when the sit-in turns from a peaceful state to a non-peaceful state.

This research addresses the crime of displaying indecent or obscene content to the public via digital media, considered one of the most serious emerging crimes resulting from technological advancements and the proliferation of social media platforms. This crime constitutes a direct assault on moral values and public decency, particularly in conservative societies. The research stems from a fundamental problem: the absence of specific Iraqi legislation regulating cybercrimes. This has led the judiciary to resort to applying traditional provisions of the Penal Code, particularly Article 403, to acts committed in a digital environment that differs in nature and impact from the traditional environment. The research employs an analytical and comparative approach, examining the position of Iraqi legislation and comparing it with the legislation of the UAE and Qatar, which have dedicated specific provisions to criminalizing this behavior and have prescribed stricter penalties, especially when the content is directed at children. The research concluded that the crime of displaying indecent content via digital media is considered a crime of endangerment that is established by mere conduct, without requiring actual harm, provided that digital publicity and criminal intent are present. Furthermore, the current Iraqi penal code is insufficient to achieve general and specific deterrence, necessitating urgent legislative intervention through the enactment of a specific cybercrime law that keeps pace with technological advancements and protects the moral values and public decency of society.

The concept of financial liability is one of the central concepts in civil law, as it represents the framework within which the rights and financial obligations of the individual are defined. Traditional rules in civil jurisprudence have settled on the view of financial liability as an integrated and indivisible legal entity that is closely linked to the legal personality, so that it is not conceivable that there is more than one financial liability per person. The proliferation of limited liability companies, public institutions with independent financial liabilities, inheritances, endowments, and others has contributed to highlighting the need to acknowledge the existence of more than one financial liability, independent or semi-independent, that may relate to the same person within a new legal framework known as the division of financial liability. The research pays special attention to the position of the Iraqi legislator on the issue of financial division, while comparing it with some Arab legislations, especially Egyptian and Lebanese, as well as some Western models, especially French legislation. The research also addresses the problem of reconciling the unity of legal personality with the multiplicity of financial receivables, and the consequent effects in the field of civil liability, legal actions, and the implementation of obligations, and concludes that the division of financial liability is no longer just a legislative exception or a jurisprudential concept, but has become a legislative and functional necessity imposed by the contemporary legal reality, which contributes to enhancing the protection of the parties, defining the scope of responsibilities, and preventing the confusion between different financial receivables. The research also highlights the need to reconsider some of the traditional axioms in civil law, in a way that strikes a balance between the flexibility of legal texts and the stability of general rules.

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It is not permissible to suspend the case, disrupt its progress, or waive it except in the cases specified in the law, and one of the duties imposed on the court judge is to ensure equality between the parties and to maintain impartiality when considering the case, in addition to ensuring the integrity of the investigation and trial procedures, and working to take all decisions that would benefit the investigation and discovery. The perpetrator of the crime and reaching the truth in a way that ensures the fairness and impartiality of the court, and the case may have some circumstances and reasons that would end the investigation definitively before its completion, so these circumstances and reasons impose the same and lead to the issuance of the final decision to reject the complaint and close the criminal case permanently, and one of these reasons is the abandonment of the criminal complaint by the victim or his legal representative in some crimes with a special right in which the law stipulates that the complaint be moved from The victim or his legal representative. Therefore, abandonment of the criminal complaint is a personal right of the victim and this right is of a procedural nature that results in the termination of the criminal case, and the legislator has set certain conditions and rules for this procedure that define it and indicate the mechanism of taking it when one of the reasons specified in the law is achieved in terms of the complaint, the type of crime and the duration of time, and it became clear to us that the effect of abandonment is to consider the victim to waive his complaint, which results in the investigating judge issuing a decision to reject the complaint and close the case permanently.

Interpretation constitutes a significant stage that is resorted to prior to the commencement of contract performance whenever the contractual terms are ambiguous, unclear, or fail to determine the meaning in which the common intention of the parties has manifested itself. In order to achieve a proper balance between the interests of the parties, it is necessary for a neutral authority to undertake such interpretation, a role that is most often assumed by the judiciary. However, judicial interpretation is not exercised arbitrarily; rather, it relies on clear and well-defined interpretative tools designed to safeguard the interests of both parties while, at the same time, preserving the fundamental purpose of the contract.
This is particularly important where it is acknowledged that one of the parties may deliberately formulate certain ambiguous clauses with the aim of prejudicing the rights of the other party, or at least of securing advantages exceeding those to which they are legitimately entitled under the contract. Accordingly, it becomes necessary to apply an essential and effective principle, namely the construction of contractual terms against the interest of the party who drafted them, where such terms demonstrate bias or excessive imbalance in favor of one party, where their drafter acted with fraud or deceit, or where such terms appear ambiguous as a result of a misunderstanding of the true nature of the contractual relationship.
Moreover, the ambiguity upon which contractual terms are based may originate from the creditor, the debtor, or both. Legislative applications provide clear support for the validity and recognition of this legal principle within the framework of judicial interpretation.

This study examines the legal problem raised by the circular construction contract (Buildings as Material Banks – BAMB) within the structure of the Iraqi Civil Code, as a contractual model that transforms a building from the “end-point” of materials’ life cycles into a temporary “station” within a longer economic cycle based on component recovery and re-use. The core problem lies in a structural tension between, on the one hand, Iraqi civil-law logic that favors the unity of immovable property, reinforces the presumption of accession, extends the scope of the mortgage by default, and prioritizes the protection of the mortgagee as a pillar of credit; and, on the other hand, the logic of the circular economy, which depends on disassembly, reuse, and the fragmentation of real rights according to the material’s life cycle. The study shows how accession rules, automatic mortgage extension, ownership presumptions, and cleansing through forced sale tend to “absorb” BAMB components into the landowner’s title and the mortgage pool, thereby depriving the supplier’s recovery right of practical effect unless traditional concepts are re-engineered. It then offers a functional comparison with German and Dutch law to draw regulatory techniques that moderate accession without undermining transactional stability, including visible components, temporary purpose, and surface rights, alongside modern tools such as material passports and digital twins. The study concludes that a viable legal foundation for BAMB in Iraq can be built by expanding the notion of “movables by destination,” recognizing material passports as evidentiary instruments, recalibrating the ten-year structural warranty in disassemblable buildings, and proposing a legislative direction to establish a special registry for circular components and to regulate priority conflicts among the supplier, the owner, and the mortgagee.

The extract: The legal relationship between Mita and the user is understood within the framework of an electronic contract that is adapted as a firm contract, as the user has only acceptance or rejection. Indirectly, the concept inherent in this relationship appears as an exchange between digital service and personal data of economic value. The effects of this relationship are embodied in enabling Meta to use the data and invest in commercially, in exchange for the availability of communication and services to the user. However, the cross -border nature of the platform raises the problems of conflict of laws and international judicial jurisdiction, especially with the different regulations between the user’s country and the company’s headquarters, which imposes the search for legal rules that control a balance between the protection of individual rights and the interests of international companies.

The Iraqi legislator addressed the idea of social solidarity implicitly, as in the provisions of the reasons for permissibility, which are embodied in legitimate defense, the performance of duty, and the state of necessity. The Iraqi legislator also addressed the provisions of social solidarity explicitly and clearly within the crime of refraining from relief, which will be studied as a legal model, and which is included in the Iraqi Penal Code No. (111) of 1969, as amended, within the social crimes included in Chapter Eight / Book Two related to crimes harmful to the public interest, as it imposed responsibility on any person who refrains from providing aid and assistance to a person who is in danger resulting from a disaster or crime, even if that person had no hand in that danger and had no voluntary position on the achieved result. The Iraqi legislator organized the provisions of social solidarity in the crime of refraining from relief to the distressed in Article (370) of the Penal Code numbered above, which stipulated: “1 - Whoever refrains or delays without An excuse for not providing assistance requested by a competent public employee or agent in the event of a fire, flood, or other disaster. 2 - The same penalty shall be imposed on anyone who, without excuse, refrains or delays from providing assistance to a person .in distress in a disaster or a victim of a crime

Like other nations, Iraq has faced severe health challenges, highlighting the critical importance of health administrative control. This research evaluates the effectiveness of Iraq's legal and administrative framework in this area, comparing it with the experiences of France and Egypt.
The study indicates that health administrative control during crises demands speed, flexibility, and a balance between public health and individual liberties. While France possesses a comprehensive legislative framework and strict judicial oversight, and Egypt relies on a general emergency law, Iraq lacks a comprehensive law for health crisis management, depending instead on fragmented legislation.
Implementing these measures in Iraq faces significant challenges, including weak health infrastructure, scattered legislation, lack of governmental coordination, the impact of security and political challenges, and limited community compliance.
The research recommends the urgent enactment of a comprehensive health crisis management law in Iraq, along with updating existing legislation, investing in healthcare, enhancing coordination and transparency, leveraging technology, and strengthening international cooperation, to build a robust and flexible health system

The issue of demarcating international borders is a common problem among neighboring countries around the world. An example of this is the Armenian-Azerbaijani conflict over the Karabakh region, as well as the Russian-Ukrainian conflict over the Crimean Peninsula and other border disputes. Regarding Iraq, there is a deep-rooted conflict between Iraq and Kuwait over the demarcation of borders between the two countries, whether land or maritime borders. Despite the implementation of United Nations and Security Council resolutions following the Iraqi invasion of Kuwait in 1990, which are considered final and binding in accordance with the provisions of Chapter VII of the United Nations Charter, the most notable of these resolutions are Resolution No. (687) of 1991, Resolution No. (773) of 1992, and Resolution No. (883) of 1993. In 2013, an international agreement was signed between Iraq and Kuwait to demarcate maritime borders and regulate maritime navigation in Khor Abdullah. However, this agreement was soon challenged in the Federal Supreme Court, which ruled the agreement unconstitutional in 2023 and annulled Law No. 42 of 2013, causing ongoing diplomatic and political issues between Iraq and Kuwait to this day. Therefore, in this research, we will address finding fundamental solutions to this problem through international actors and how to delineate maritime borders by comparing it to similar international issues between other countries.

The rapid evolution of artificial intelligence technologies represents a critical turning point that requires a legislative framework to regulate its pace and ward off unprecedented risks affecting the rights of individuals and societies. To achieve a balance between encouraging innovation and protecting rights, the legislator must intervene with clear controls that preserve interests without hindering scientific progress. This is especially true since these complex and autonomous systems operate according to "black box" algorithms that are difficult to trace, which could harm lives and properties or violate privacy.
Therefore, it has become necessary to implement legal principles that address the dilemma of determining civil and criminal "legal liability" to establish who bears the consequences of an error: is it the programmer, the manufacturing company, or the user? Whether the danger stems from human misuse or the machine's autonomous learning, modern legislative trends emphasize the urgent need to establish this legal foundation to ensure risks are anticipated and artificial intelligence remains a tool subject to accountability.

Violent extremism is one of the most dangerous phenomena threatening the stability and national security of states. It represents the most dangerous phase leading to the practice of terrorism in its various forms. The seriousness of this phenomenon has become more apparent in light of the political, economic, and social conditions currently prevailing in the world, particularly in countries suffering from weak rule of law and societal divisions. The research derives its importance from its approach to violent extremism from a constitutional perspective, as the constitution represents the highest regulator of rights and freedoms, while simultaneously establishing the legal framework for confronting crimes targeting the state and society.The research aims to analyze the conceptual framework of violent extremism and its relationship to terrorism, and to identify the factors that cause it, with a focus on constitutional controls for prevention and confrontation. The Iraqi Constitution of 2005 and relevant laws were reviewed, such as the Penal Code No. (111) of 1969 and the Anti-Terrorism Law No. (13) of 2005, in addition to supplementary laws that address issues of money laundering, terrorist financing, and compensation for victims of terrorist operations.The study concluded that preventing violent extremism cannot be achieved through security measures alone, but rather through building a constitutional culture and societal awareness that promotes the values of pluralism and tolerance. It also emphasized the need to reform legal and institutional frameworks to activate constitutional guarantees of rights and freedoms. The study also emphasized the importance of strengthening international and regional cooperation, consistent with Iraq\'s commitments to combating terrorism. Thus, the study highlights the pivotal role of constitutional law in striking a delicate balance between national security requirements and the preservation of rights and freedoms, making the constitution an effective preventative tool for curbing violent extremism and confronting terrorism.

Maritime boundary delimitation is considered one of the most sensitive legal issues in contemporary international relations, due to the inherent tension between the requirements of national sovereignty and the demands of international justice in the exploitation of shared marine resources. The matter extends far beyond the mere drawing of separating lines between States; it involves the definition of legal maritime zones that give rise to sovereign rights, economic jurisdictions, and international responsibilities that directly affect the very foundations of the legal order governing the seas.
In line with the aforementioned considerations, this study demonstrates that delimitation is not a purely technical exercise but rather the product of an interaction between legal, geographical, and political factors. Any deviation in the application of legal principles or disregard for relevant special circumstances may lead to an imbalance in the distribution of maritime wealth, accompanied by international disputes and regional tensions. The development of the international law of the sea has led to the establishment of a set of principles aimed at achieving balance and equity in boundary determination, such as the median line principle, the consideration of special circumstances, and other foundational rules.
It is worth noting that the importance of maritime boundary delimitation lies in its role as a tool for reorganizing shared maritime spaces and establishing clear limits of jurisdiction that prevent overlap in resource exploitation and reduce the likelihood of disputes. Each delimitation line inherently redefines concepts of sovereignty and responsibility, granting States specific rights to exploit mineral resources, engage in fishing, conduct scientific research, and pursue other maritime activities.
Furthermore, this study affirms that the settlement of disputes arising from delimitation constitutes a genuine test of the effectiveness of the international legal system in ensuring compliance with the law. The International Court of Justice and the International Tribunal for the Law of the Sea have served as two essential pillars in consolidating a balanced and equitable judicial approach grounded in the principle of the peaceful settlement of disputes, complemented by alternative mechanisms such as arbitration and by the rejection of the use of force in addressing maritime disagreements.

Money laundering and terrorist financing are among the most serious contemporary economic crimes, as they pose a direct threat to the stability of the financial, banking, and security systems of countries. The Iraqi legislator, recognizing the seriousness of these crimes, issued Anti-Money Laundering and Terrorist Financing Law No. (39) of 2015, in line with international standards and the requirements of the Financial Action Task Force (FATF(This study aims to analyze the legal and regulatory mechanisms adopted by the Iraqi legislature to combat money laundering and terrorist financing, and their effectiveness in reducing these crimes. The study concludes that the law establishes an advanced legislative framework by defining criminal acts, reporting mechanisms, and the role of the Financial Investigation Unit. In addition to international cooperation, practical implementation still faces challenges related to the institutional aspect and weak coordination between regulatory and executive bodies.

This research examines the impact of criminal judgments and decisions on the requirement of good reputation and conduct for candidates seeking membership in the Iraqi Council of Representatives and local councils. The study is based on Iraqi constitutional and legal texts, particularly the 2005 Iraqi Constitution and the amended Council of Representatives Elections Law No. (45) of 2013, with a focus on the legislative development of the requirement of good reputation and conduct and its subsequent repeal. The research highlights the distinction adopted by the Iraqi legislator between criminal convictions for crimes involving moral turpitude and those that do not, and analyzes the legal and social effects of different forms of criminal rulings, including conviction, acquittal, release decisions, and rulings covered by general or special amnesty, and their reflection on the candidate’s reputation.
The study adopts a comparative analytical approach to examine the nature of criminal judgments and decisions, the concept of good reputation and conduct, and the impact of various criminal rulings on electoral eligibility. It concludes that the repeal of the explicit statutory provision on good reputation and conduct does not eliminate it entirely, as it remains an implicit and fundamental requirement for representing the people and holding public office according to judicial practice and constitutional jurisprudence.
The study recommends explicitly stipulating the conditions for candidacy in the Iraqi Constitution, including the requirement of good reputation and conduct, and calls on the Independent High Electoral Commission to adopt stricter standards to safeguard public trust and the integrity of parliamentary representation.

Mortgage is one of the most important forms of real security recognized by law to secure creditors' rights and guarantee the fulfillment of financial obligations. A mortgage involves allocating specific property to guarantee debt repayment, granting the creditor a real right that allows them priority over all other creditors in the event of the debtor's default. The function of a mortgage lies in Achieving a balance between the creditor's interest and guaranteeing his right, and the debtor's interest in retaining his property while restricting it to what ensures the debt is paid.
Therefore, the forms of mortgage vary according to the nature of the mortgaged asset, extending to include possessory mortgage and security mortgage. Each differs in its effects and conditions, while agreeing on the security purpose. Mortgages also play a role in stabilizing financial and credit transactions by providing trust and legal security in dealings and reducing the risk of default. Furthermore, they contribute to regulating Mortgage legislation protects contracting parties and prevents abuse and fraud, reflecting its importance as an effective legal tool in supporting credit and achieving economic stability.
Re-mortgage is one of the forms regulated by the Iraqi legislator within the provisions concerning real rights, and the provisions specific to possessory mortgages apply to it. It stipulates the allocation of specific property to guarantee the repayment of a debt, with possession of the mortgaged property transferring to the mortgagee, and the possibility of restoring the situation to its previous state after the expiration of the mortgage contract. Therefore, What distinguishes it from other mortgages is that ownership of the mortgaged property does not transfer to the mortgagor, but remains in their possession. They can recover it simply by returning the price to the mortgagor, with the inability to unilaterally terminate the contract. This is because the re-mortgage contract is a binding contract that requires the agreement of two parties to terminate it. Therefore, the re-mortgage (The sale with a right of redemption is an effective tool for regulating credit and reducing disputes, as it provides a clear legal guarantee that contributes to the stability of financial transactions

The importance of children stems from the fact that they are a group that has great importance in determining the future of the nation. Today’s children are tomorrow’s men, and they are responsible for the management, production, and defense processes in their societies and homelands. Therefore, caring for children and taking good care of them is one of the necessities that any country seeks through various means and methods, including criminalizing acts that harm them.
Among the actions that negatively affect the lives of children is the mistreatment that a child may experience, which has psychological and social effects. Therefore, the Iraqi legislator has moved towards protecting this group from actions that constitute mistreatment.
The research aims to analyze the crime of child abuse in Iraqi legislation by explaining its nature and identifying its material and moral elements, leading to an explanation of the original and accessory penalties decided by the Iraqi legislator, with a conclusion that includes the results and proposals we have reached.

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The law is inspired by the denominators of its rulings from reliable sources that enable it to reach the highest goals of its goals, and these goals have no absolute scope to achieve them in light of the changes of the actual circumstances and the social, economic, cultural and political developments that cast a shadow on the legal aspect, and in the course of these developments, we are shown the truth of the paradoxes of building the essence of the legal judgment according to the source derived from it. The reality of the rule on the surface is fixed, but its essence is variable, and this shows us that the fact of building the legal base according to this pillar is flawed in keeping pace with the developments of building a real legal rule, while the pillar of the legal rule according to its other sources represents a proportional reality that can be changed outwardly and inwardly, because it is made by a human being that can show the deficiency with the progress of time, and before this and that, we show other fundamental paradoxes, through which this research will show us the causality of the difference between autonomy The legal rule according to the view of the purposes of the Shari'ah and the meaning of legal jurisprudence.

The contemporary world has witnessed many rapid transformations led by the file of terrorism, takfirism, and extremism, in addition to political hegemony. It is clear that the digital revolution has the greatest impact on this transformation, as it entails a wide electronic judiciary and electronic communication sites operated by terrorist groups. Extremism spreads violence, destruction and hatred. Therefore, we see that digital extremism today has become more dangerous than traditional violence. The reason for this is the speed of its spread and the possibility of concealment. In the past, armed violence was the primary means of expressing a range of extremist ideologies, but now terrorist groups have begun to spread their ideas through digital tools. These groups have begun to use digital justice as a tool to expand the circle of their followers and spread extremist ideas.