Journal Of the College of law /Al-Nahrain University

This research addresses the subject of withdrawal from voluntary old-age pension insurance within the framework of the provisions of the Iraqi Pension and Social Security Law, as one of the topics that has not been granted detailed legislative regulation despite its practical and financial significance. The research aims to clarify the legal nature of withdrawal and the methods of its occurrence, whether by operation of law or by the will of the insured person, while analyzing the legal basis upon which each is founded and examining the extent of its consistency with the voluntary nature of the subscription.
The study concludes that withdrawal from voluntary subscription is characterized by a dual nature; it may occur by force of law in specific cases, such as compulsory coverage or death, and it may occur by the will of the subscriber as a direct consequence of the voluntary character of the subscription. However, the applicable legislation has not established a clear procedural framework regulating voluntary withdrawal, thereby opening the door to administrative discretion that may affect the legal positions of subscribers.
The study further concludes that explicit legislative intervention is required to regulate the provisions of withdrawal and to define its procedures and legal effects with precision, in a manner that achieves a balance between the subscriber’s freedom to exit the system and the requirements of the financial and administrative stability of the social security institution, while enhancing the clarity of legal positions within the framework of the social protection system.

In context with developing the international trade and economic relationship rapidly, the population of international commercial arbitration as a method to resolve disputes also increases. The increasing depend on arbitration to resolve disputes has led to emerge different forms of such clause, including unilateral arbitration clauses, which have become increasingly common, particularly in financing and loan agreement. There are differences of opinion about the validity of the unilateral arbitration clause because it gives one party the right to select resort the dispute to national court or arbitration. The purpose of this article is to highlight the unilateral arbitration clause and to reveal the extent of the validity of this clause and, consequently, the possibility of its implementation in accordance with Iraqi law and the 1958 New York Convention, which Iraq recently ratified.
Iraq, as one of the countries that aspires to attract foreign investments, has not addressed this type of clauses, which has become increasingly popular in international commercial agreements, due to absence legislative rules regulating international commercial arbitration in general and to establish special rules regulating the mechanisms for enforcing foreign arbitration award, despite its accession to leading agreements in the field of arbitration, namely the ICSID Convention and the New York Convention of 1958. This article recommends promulgating of an Iraqi arbitration law to help establish a clear framework for amicable dispute resolution mechanisms and enhance legal certainty for foreign investors. This would, in turn, create a suitable environment for accommodating various arbitration methods and conditions, and clarify which ones are most conducive to growth in Iraq.

Administrative judiciary is considered a constructive judiciary because administrative law is an uncodified law despite the existence of scattered legislation in administrative cases. The general legal principles established in the rulings of the state Council are a deduction of the legal solutions that must be applied to administrative disputes brought before the judiciary. However, those rulings, which were previously issued by the state council, may not be consistent with the legal text in force in a given society at a specific time or may not keep pace with developments in the methods of administrative activity. Therefore, we find that the state council has the right to revoke its previous rulings and change them with a new ruling in order to maintain the regular operation of the administration and to achieve the public and private interest, which is represented by the stability of legal positions and the preservation of the acquired rights of individuals. The administrative authority is obligated not to infringe on these rights except in a manner that is consistent with the applicable legal rules and achieves the public interest.

Today, tolerance is no longer a gift or a favor; it has become a right and a duty governed by established, agreed-upon legal rules.
Tolerance is of great importance and is a fundamental pillar upon which legislative policies are based, as it works to protect cultural diversity and prevent discrimination. It takes various forms: religious tolerance, intellectual tolerance, social tolerance, political tolerance, and legislative tolerance. The latter is characterized by respect for human rights and fundamental freedoms, preventing discrimination between individuals and different groups, protecting and recognizing diversity in all its forms, and promoting understanding among all.
Criminal law plays a clear role in promoting the values of tolerance in Iraq, as it is an effective tool for achieving social justice in a humane manner. It does not entail squandering rights and freedoms or overlooking crimes and the seriousness of their perpetrators. Rather, it entails not taking legal action against a specific violation, or waiving or claiming a right against unlawful acts under specific circumstances or minor violations, as it prioritizes reform and rehabilitation over punitive measures.

Cyber security has played a prominent role in the field of international relations in recent decades. The global trend towards computing and reliance on electronic programs and the internet across various sectors of government, coupled with the rapid and unprecedented entry of the private sector, particularly finance and banking, into this field to regulate markets, exchanges, and financial transfers, has prompted hostile states and organizations to consider shifting military attacks and inflicting damage from remote locations. This would cause unpredictable and potentially devastating consequences for individuals, property, infrastructure, and even essential services like water and electricity.
States have tried to find international mechanisms that give them the right to confront these attacks and violations that affect their security and sovereignty, based on the international licenses granted to them by the United Nations General Assembly to defend the cyber sovereignty of states as an important part of the aspects of sovereignty and authority of states. On the other hand, states put the issue of legitimate cyber defense in the face of these violations by putting in place programs and people who are well-versed in the expertise of these systems and bringing them into the fields of the military as soldiers in the field and behind the screens and complex programs in order to protect the security and safety of states.

: Modern features and advanced methods have emerged in extending judicial oversight to address administrative abuse of its rights. These include oversight of proportionality, oversight of excess and manifest error, and ultimately, oversight of balancing benefits and harms. The latter is considered the most stringent, as it can only be invoked when oversight of manifest error or oversight of proportionality is not achieved. French administrative jurisprudence pioneered this approach, encompassing various aspects of administrative action. Egyptian jurisprudence was the first to develop oversight of excess in administrative decisions, and its application has since expanded to various countries worldwide. This aims to evaluate and assess administrative discretion and prevent its abuse, although its application varies across nations. This has played a significant role in defining the limits of administrative discretion to prevent excess and arbitrariness.

This research examines the importance of ethical controls stipulated in the 2005 Constitution of the Republic of Iraq and their role in combating corruption. In the context of the political and economic challenges facing the country, corruption appears as one of the main obstacles to sustainable development. The research aims to analyze constitutional texts related to ethical controls and evaluate their effectiveness in reducing corruption.

The scourge of narcotics and its dire repercussions constitute a global challenge plaguing all human societies. Illicit activities pertaining to the abuse of these substances have spawned a vast and complex network of crimes. Furthermore, rapid scientific and technological advancements have exacerbated this phenomenon, paving the way for the evolution of criminal forms and instruments.
This situation has necessitated that states re-evaluate and develop their legislative mechanisms to combat drug-related crimes, ensuring an effective response to the developments affecting the nature of these crimes and their methods of commission.
Despite the enactment of new legislation and the evolution of legal trends in Iraq and the Kurdistan Region, practical reality demonstrates the lack of efficacy of traditional punitive instruments in combating this phenomenon. Moreover, treatment and rehabilitation measures have witnessed negligible updates, leaving Iraq and the Kurdistan Region lagging behind significant advancements in combat and treatment methodologies.
This research aims to analyze drug control methods in Iraq and the Kurdistan Region, as well as the treatment of addicts, comparing them with the legal measures adopted in the Iranian Anti-Narcotics Law, given Iran\'s extensive experience in confronting this phenomenon and dealing with addicts.The study reveals significant similarities in the criminal policy regarding drug control between Iraq and the Kurdistan Region in terms of controlling the phenomenon, curbing it, and treating addicts. Conversely, confrontation and treatment methods under Iranian law demonstrate relatively greater precision and efficacy, though they remain insufficient to fully address the country\'s internal situation.To ensure a thorough investigation of the subject matter, the analytical and comparative methods have been adopted in a structure consisting of three sections. The first section deals with the conceptual definition and classification of narcotics. The second section is devoted to discussing the punitive confrontation of narcotics and psychotropic substances in comparative criminal systems. The third section elucidates the legal measures applicable to addicts in comparative criminal legislation.

The Court of Cassation attended the judiciary in the popular judiciary all over the world, and you are appealing before it the rulings of the court of subject matter, and you see a violation of monopoly or there is no or does not affect the overturning of the ruling and the interest is decided to its court accompanied and it was to the court of subject matter it must follow The binding force of these directives lies in the fact that the case will be returned to the Court of Cassation, and the ruling cannot be confirmed unless it takes into account the directives of the Court of Cassation, despite the fact that the law made these directives non-binding to the Courts of Appeal and First Instance in the first instance, and they are binding to the Court of First Instance in the last instance and the Personal Status Court. If the court insists on its previous ruling, whether it is an appeal or a first instance case, the appeal is sent to the general body and not to the cassation body that overturned the decision. The main objective of these directives is to maintain the application of the law and ensure the stability of judicial rulings in the country.

The issue of the U.S. President’s authority to declare war is one of the fundamental questions within the constitutional and political framework of the United States, where the security dimension related to the protection of national interests intersects with the principle of separation of powers as one of the main pillars of the constitutional system. While the 1787 Constitution vested the President with the title of Commander-in-Chief of the Armed Forces, it restricted the power to declare war to Congress, in order to ensure a balance between the executive and legislative branches.
However, practical experience has shown a significant deviation from this balance, as presidents have expanded their powers to engage in military conflicts without a formal declaration of war or explicit legislative authorization. The War Powers Resolution of 1973 was enacted as legislation intended to limit presidential authority and prevent unilateral decisions on war. Yet, its practical application revealed its weak effectiveness in constraining the President, as successive presidents continued to expand their authority by exploiting legal loopholes and invoking security and political considerations.
As for the U.S. judiciary, it has adopted a cautious stance toward strict oversight of these powers, treating war-related issues as political questions that are not directly subject to judicial adjudication.
The central problem of the research lies in assessing the extent to which the American constitutional system has succeeded in achieving the intended balance between the President and Congress in declaring war, and whether this balance has practically shifted in favor of one side. To answer this, the study addresses several key questions, including: the entity constitutionally authorized to declare war, the clarity of constitutional provisions in regulating this authority, the limits of the President’s ability to bypass the imposed restrictions, and the scope of judicial oversight over these powers.
The research concludes that the constitutional limitations on the President’s authority to declare war do exist in text, but are weak in terms of practical effectiveness. This reveals a structural flaw in the principle of balance between presidential and congressional powers and highlights the necessity of strengthening legislative and oversight mechanisms to prevent the concentration of war powers in the hands of the President alone. Such measures are essential to preserve the stability of the American constitutional system and to ensure that sovereign decisions remain subject to the Constitution and the rule of law, given the significant dangers they pose to the states targeted by U.S. military action.

Coercing a defendant to confess is considered one of the most serious violations of human rights and constitutional guarantees for a fair trial, as it strikes at the core of criminal justice and undermines the principle of the presumption of innocence. Coercion refers to any physical or psychological means exerted on the defendant in order to extract a confession, whether manifested in physical torture such as beating, electric shocks, and solitary confinement, or in psychological methods such as humiliation, threats to harm the defendant or their family, or the application of severe psychological pressure. These methods deprive the confession of its legal value because they strip the defendant of their free will and render their statements the product of fear rather than truth.
Most national legislations and international agreements, such as the International Covenant on Civil and Political Rights and the Convention Against Torture, have affirmed the invalidity of any confession extracted under coercion and prohibit relying on it as evidence of guilt
Comparative legislations differ in formulating the criminal rules resulting from this act, but they agree in criminalizing the behavior of the investigator or any authority that uses coercive methods. In Iraqi law, a confession obtained through coercion is considered null and void, and the public official proven to be involved in torture or coercion is punished by detention or imprisonment depending on the severity of the act, according to the Penal Code and the Code of Criminal Procedure.
The sanctions go beyond the criminal aspect to include procedural and civil effects. Procedurally, the establishment of coercion leads to the exclusion of the confession and the annulment of the related report or investigation, and may result in the nullification of subsequent procedures if they are based on it. From a civil standpoint, the accused has the right to claim compensation for the material and moral damages caused by the coercion. Accordingly, the comparative study reveals a consensus among the legislations of various countries on protecting the accused from coercion, criminalizing such practices, and ordering the invalidation of evidence obtained thereby, as a fundamental guarantee to preserve justice and prevent misconduct in the work of investigative authorities.

The crime of sexual deviance is considered one of the serious crimes facing societies due to its impact on individuals and the community, particularly in terms of infringing upon legally protected interests. This has prompted the Iraqi legislator to criminalize and penalize it through specific provisions in the amended Law on Combating Prostitution and Sexual Deviance No. (15) of 2024. The legislator did not stop there; other acts associated with the crime of sexual deviance were also criminalized due to their role in facilitating and promoting such behavior. Among the most prominent of these acts are the crimes of harboring and promoting sexual deviance. This reflects the legislator’s awareness of the danger these two crimes pose and the effort to tighten the legal grip on anyone who engages in them by expanding the scope of the crime of sexual deviance, thereby reinforcing criminal protection of the legally protected interest. In order to examine the criminal policy adopted by the Iraqi legislator, it is necessary to briefly address the legal treatment stipulated by the legislator for those who commit these two crimes, and to present the legal model for each crime in terms of its elements and the prescribed punishment.

When a constitutional judge rules that a text is unconstitutional, he may remove a part or paragraph of the text that is in violation of the constitution, while leaving the other parts intact and consistent with it, provided that the constitutional judge does not deviate from the basic purpose intended by the legislator. Executionary rulings are defined as rulings issued by a constitutional judge to remove part of a text that violates the constitution without affecting the remaining parts of the text.The Federal Supreme Court has a pioneering and innovative experience in issuing exclusionary rulings in its decisions. This is achieved by removing a portion of a text, a paragraph, a clause, or a phrase within it that violates the constitution, and declaring the ruling unconstitutional without affecting the remaining parts of the legal text.

This research examines the concept of artificial intelligence as a prominent product of the modern technological revolution, and its still-evolving role in the legal and criminal fields. Today, artificial intelligence has become one of the tools to support justice and analyze legal data with its unique features of speed, precision, and self-learning capabilities.
Artificial intelligence has also become an effective tool for detecting and predicting crimes through the analysis of data and digital behavior, such as tracking users' activities on social media, Facial recognition, fingerprint recognition, and biometric identification are also being used, as are smart technologies used to monitor and pursue criminals using robots and drones, which contributes to enhancing public safety and reducing risks to police personnel.
The researcher concludes that artificial intelligence is not a substitute for judges or lawyers, but rather a helpful tool that contributes to achieving justice more quickly and transparently. However, its use requires clear legal and ethical frameworks to regulate its work and ensure that human rights are not violated, especially in Arab countries, such as Iraq, which are still in the early stages of adopting these technologies.

Cryptocurrencie emerged as a consequence of technological advancements in communications and contributed to the development of new digital financial platforms. These platforms operate independently of traditional financial systems. This type of cryptocurrency encompasses a vast array of categories from Bitcoin and Ethereum, which rely on advanced technologies like blockchain to ensure security and transparency in transactions. Cryptocurrencies require legal regulation due to the lack of a unified legal definition and the lack of consensus among countries regarding their nature. This leads to difficulties in regulating them and determining how to deal with their users in different countries. The importance of this study stems from the novelty of the topic, the changes that have occurred in the nature of financial transactions, and the issuance of the European Union's MICA regulation to address the gap in cryptocurrency regulation.
This study necessitates defining cryptocurrencies, their types, and characteristics, as well as understanding the positions of different countries and their legislation regarding cryptocurrencies. The legislative gap and the varying stances of legal systems regarding their acceptance or rejection represent the core of the problem and require a solution. The research reached several conclusions, including that cryptocurrency is a currency that can be acquired and traded with traditional currency and is used to purchase goods and services. The digital euro is a digital currency based in the European Union, developed by the European Central Bank as an additional and optional payment option alongside the current cash currency. The European Union's (MICA) regulation is the European constitution for cryptography, concerned with regulating the digital currency market. One of the most prominent characteristics of cryptocurrencies is that cryptocurrency dealers prefer to deal with and trade them. One of the most important problems of these currencies is that they are used only online, and their use is limited to a narrow scope, being dealt with within the limits of institutions that deal with this type of currency

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The research title was "Rules and Applications of Criminal Liability for the Crime of Money Laundering." The research was divided into three sections. The first addressed the criminal liability of banks for the crime of money laundering. It was divided into two branches: the first addressed the nature of banking crimes. The second addressed money laundering as a type of banking crime and the bank's criminal liability for it. The third section addressed the criminal liability of bank employees for money laundering. The second section addressed the conditions of bank employee liability for the crime of money laundering. The first section addressed the perpetrator's status. The second section addressed whether the money was handed over to the employee by virtue of his or her job. The third section addressed the punishment of an employee who committed the crime of money laundering. The third section addressed the criminal liability of the customer for money laundering. It was divided into three sections: the first section addressed the customer's liability for the crimes resulting from money laundering. The second section addressed the customer's liability for the crime of money laundering. The third section addressed the customer's liability for multiple offenses. Finally, the researcher concluded his study with a conclusion that included the most important conclusions and recommendations drawn from this study.

Today, at the beginning of a new century, capitalism seems more viable than it was at the beginning of the last century. It is in constant change and in constant transformation. Capitalism has been able to renew its strength in all the joints of its movement.
Thanks to the scientific and technological revolution (the Internet and information revolution), it was able to adapt to the new situations, so that - as an example - it was able to overcome the issue of the high prices of raw natural materials or even their scarcity, and relied on research and development laboratories as the magic repository for services and commodity products alike.
In order to achieve the idea of globalization of laws, countries, especially developing ones, have sought to work towards achieving this idea under the pretext of keeping pace with the requirements of development, which falls under the name of globalization. This comes through reviewing and developing their legal system, especially those related to newly introduced human rights, in the absence of sufficient preparations or a national social agenda to deal with these new challenges and risks.
Therefore, it was necessary to have practical legal means and mechanisms through which we could confront these challenges.

The study aimed to shed light on the concept of complicity in crimes against public office in Iraqi criminal law. This was achieved by analyzing the legal frameworks regulating this type of crime, clarifying the various forms of complicity, and the specificity of this complicity when it comes to public office, such as bribery and embezzlement.
The study adopted a comparative analytical approach, analyzing the legal texts contained in the Iraqi Penal Code and drawing on comparative legislation. It also employed a descriptive approach to present the theoretical frameworks of the concept of complicity, its forms, and its elements, as well as a critical approach to evaluating judicial practices.
The study concluded that Iraqi legislation does not provide a precise definition of crimes against public office. Despite the harsher penalties in some cases, there is a need to unify concepts and update penal policies to align with international anti-corruption standards. It was also proven that complicity in these crimes carries the same penalty as the principal perpetrator. At the end of the study, the researcher recommended amending criminal texts to ensure clarity of definitions, expand the scope of criminal liability for accomplices, and adopt legal mechanisms that support reporting corruption and enhance transparency in public office.

The constitutional judiciary, whether represented by courts or constitutional councils, according to the countries’ designations, is one of the most important judicial bodies if we look at the importance of the powers entrusted to it, foremost of which is judicial oversight of the constitutionality of laws and regulations, as it is the first guarantor of preserving the principle of the supremacy of the constitution, which is considered the most important principlesi.
From an objective standpoint, the constitutional judiciary’s primary mission is to settle constitutional disputes regardless of the nature of the body in charge of it, whether it is a court or a completely non-judicial body. Therefore, the description of the constitutional judiciary applies to constitutional courts, such as the Supreme Court in the United States of America. As for the Federal Supreme Court in Iraq, the same meaning applies to constitutional councils, such as the French Constitutional Council and the Lebanese Constitutional Council. Consideration is directed to jurisdiction in adjudicating constitutional matters.
In view of the importance of the constitutional judiciary, the constitutions have given importance to the issue of the members of these bodies in terms of the quality of the members, the mechanism of their selection, and their competencies, and from here comes the importance of our research on this topic.

The Security Council is regarded as one of the principal organs of the United Nations and, under the UN Charter, is entrusted with the primary responsibility for the maintenance of international peace and security. However, in the course of exercising its powers within this framework, the Council’s actions have at times resulted in harm to certain individuals or states. This raises the issue of the United Nations’ legal responsibility for the damages caused by the Security Council. Like other international organizations, the United Nations bears responsibility for the conduct of its organs and officials. Compensation thus serves as a means of reparation for the injury and a means of ensuring stability through the fulfillment of its international obligations, in a manner analogous to the responsibility of states under international law.

Climate change is a complex scientific issue that intertwines with its implications for planet Earth. This study developed in the mid-1980s, but did not receive widespread attention until the beginning of the second millennium. The political, economic, and social spheres witnessed significant disintegration due to climate change, given its serious impacts and repercussions on the natural environment and human livelihoods. Global warming, greenhouse gas and carbon emissions, drought, deforestation, floods, and water pollution are all truly devastating factors for humanity, threatening international security. Therefore, the international community has sought to devote efforts and cooperation to mitigating the effects of climate change and improving adaptation to its immediate and future impacts through a set of institutional mechanisms and measures to protect the environment from the effects of climate change. International institutions must accept the climate crisis as a real security concern, and within an urgent timeframe, the best possible solutions must be developed to mitigate the climate change crisis for the sake of a better human civilization.

This research addresses the topic of (The Impact of Legislative Policy on the Effectiveness and Efficiency of the Legislative Process), which represents the philosophy that governs the legislative process, starting from making the decision to address a particular topic or issue, through analyzing the topic and determining society's priorities regarding it, its capabilities and interests, then translating it into legal principles and rules and issuing them through the legally prescribed methods. Thus, it has an impact on many legislative aspects, whether in terms of the effectiveness of the legislative process or the efficiency of the economic impact of legislation, and it enables the bodies responsible for preparing and drafting draft laws by controlling the ideas related to the draft law in accordance with the general policy within precise, concise and sound terms that are feasible and applicable. At the same time, legislative policy affects the smooth running of the legislative process by enabling the legislative authority, in cooperation with the executive authority, to legislate laws easily, smoothly, effectively and efficiently.

The crime of genocide is considered one of the most serious crimes known to humanity, as it entails grave violations of human rights and poses a threat to international peace and security. This research examines the crime of genocide in terms of its definition and constituent elements, highlighting the distinctions between genocide and crimes against humanity. It also reviews the position of international criminal law and Iraqi criminal law regarding this crime. The study adopts a descriptive and analytical approach by examining legal texts, international conventions, scholarly opinions, and international judicial decisions. The research concludes that addressing the crime of genocide requires joint international and national efforts to prevent its occurrence and to hold perpetrators accountable, along with the necessity of strengthening national legislation and activating the role of competent courts to combat impunity.

The constitutional system in the modern state is the product of a legal ideology that seeks constitutional balance by distributing power and preventing its concentration in a single entity. One of the most prominent features of this distribution is the principle of separation of powers, which constitutes the structural framework for ensuring balanced constitutional performance within the state. Through this principle, the powers of the legislative and executive branches are defined, and the relationship between them emerges as one of complementarity, not conflict. The mechanism for dissolving parliament is an exceptional constitutional tool in which political will intersects with legal texts to temporarily end the existence of an elected authority and pave the way for the reconstruction of new representation. However, this mechanism, which appears procedural on the surface, has profound effects on the institutional structure, most notably an imbalance in the constitutional balance between the two primary branches of the political system. Therefore, this research will examine the constitutional implications of dissolving parliament on the balance between the executive and legislative branches—that is, the impact of dissolving parliament on the balance of power and the interaction between institutions in Iraqi and comparative law.

Although constitutional legislators in most countries recognize the continuity of government administration when transitioning to a caretaker government, as evidenced by relevant constitutional provisions, most constitutions fail to precisely define the concept of a caretaker government, its powers, duration, and the scope of parliamentary and judicial oversight. This has left the matter to constitutional and administrative jurisprudence, leading to heated debate in comparative jurisprudence. Therefore, this study aims to clarify the concept of a caretaker government and its legal basis, explain its origins, and define its powers under normal and exceptional circumstances from both constitutional and administrative perspectives. It also examines the extent of parliamentary oversight and the effectiveness of judicial and administrative oversight of its actions, decisions, and procedures during its caretaker period. Finally, the study analyzes the shortcomings and gaps in the 2005 Iraqi Constitution and other Iraqi and Kurdistan Region legislation concerning the regulation of a caretaker government. In defining the concept of a caretaker government, its circumstances of emergence, the scope of its powers, and the actions prohibited to it during its period of conducting ordinary affairs, and in stating the extent of parliamentary oversight and the effectiveness of oversight by the Supreme Federal Court and the administrative judiciary in Iraq and the Kurdistan Region over it, we then try through this study to find important ways to fill this deficiency and gaps, based on the practical and applied experiences of some countries that have gone through the experience of a caretaker government, including France, Egypt and Lebanon.

The sudden international crises and transformations have contributed to the reshaping of legal concepts to accommodate the emerging reality, giving rise to the term “biological security” as an integrated strategic approach based on the analysis and management of biological risks that threaten the life of living organisms. This concept underscores the necessity of establishing safeguards to protect society from both lawful and unlawful use of biotechnology and hazardous biological materials, including the prevention of the development, production, storage, or use of biological weapons, and the containment of naturally occurring or human-induced emerging epidemics.
The significance of biological security lies in ensuring the sustainability of public health and addressing the risks arising from deliberate or accidental exposure to biological agents. On this basis, the international community has endeavored to develop a comprehensive legal and institutional framework to confront these challenges, encompassing the conclusion of international treaties, the convening of specialized conferences, and the issuance of resolutions, regulations, and recommendations that establish a normative framework for addressing contemporary biological risks.

In the consumer contractual relationship, there are two parties: the consumer of the goods and the supplier or advertiser of the goods. The consumer is always the weak party in the relationship, and therefore balance must be achieved in the contractual relationships to prevent the strong party, which is the supplier or advertiser, from infringing on the weak party. This balance is achieved by providing sufficient and adequate protection for the consumer, which stems from criminalizing all acts related to the use of goods that cause danger or harm to the consumer or his interests, with the determination of appropriate penalties for them.On this basis, most countries, including Iraq, have enacted a law to protect the consumer. The Iraqi law in this regard is the Iraqi Consumer Protection Law No. (1) of 2010. Through this law, the rights of the consumer have been defined. On the other hand, the law has imposed on the supplier and the advertiser a set of obligations and duties that cannot be violated. It has also prohibited them from many other actions. However, we see that the most important of the consumer’s rights is informing him how to use the goods, and this information is achieved by the availability of all the conditions stipulated in the law. Accordingly, whoever violates the provisions related to informing the consumer about the use of goods is punished.

This research aims to examine the pivotal role played by the Federal Supreme Court in Iraq in protecting and guaranteeing the rights of ethnic, religious, and sectarian components, in light of the current Constitution of the Republic of Iraq of 2005, which established a pluralistic democratic system based on the principle of respect for diversity and the protection of the cultural, social, and political particularities of all components. The importance of the research lies in its attempt to link the constitutional texts, which affirm the principles of equality, non-discrimination, and the guarantee of rights, with the practical application of these principles through the powers of the Federal Supreme Court in the areas of oversight of the constitutionality of laws, interpretation of constitutional texts, and adjudication of disputes of a constitutional nature.
The research also seeks to analyze how the Federal Supreme Court embodies the principle of constitutional supremacy and the protection of fundamental rights and freedoms of components, by examining a number of judicial decisions and rulings issued by the court in cases related to components. These decisions and rulings, in their entirety, reflected an effective and sometimes controversial role in maintaining a balance between the unity of the Iraqi state, on the one hand, and the preservation of ethnic and religious diversity, on the other. The study concludes that the Federal Supreme Court is the highest constitutional authority and the primary guarantor of respect for the rights of Iraq's various components. However, its performance still faces objective and realistic challenges, most notably the nature of the political system based on quotas, partisan and sectarian tensions, and the limited constitutional culture within Iraqi society. Therefore, the study recommends strengthening the independence of the Federal Supreme Court, developing its working mechanisms, and expanding the scope of its jurisdiction in line with the requirements of protecting constitutional rights. This is all part of the effort to consolidate the rule of law and achieve comprehensive constitutional justice for all components without discrimination.

Medicine is an essential commodity that cannot be dispensed with; it is an important product and a necessary partner in our lives due to its close connection to human health, which is one of the most important human rights and a key element in maintaining public order. Protecting pharmaceutical security is a legal duty and a responsibility placed upon the state, through which it seeks to ensure that individuals have access to medications for disease prevention or healing. This aims to instill confidence and reassurance in citizens regarding the existence of an effective healthcare system in the country.
All of this is achieved through the powers and regulatory means granted to the administration by legal provisions. The administration has the authority to take measures and procedures to achieve its goals in maintaining and protecting public order. This includes the necessary conditions for pharmacies, the methods of handling, storing, manufacturing, and importing medicines, as well as the monitoring and oversight of drug quality and costs
The administration also has administrative penalties to deter violators and those who exceed these regulations and conditions. These penalties include prohibiting or closing the establishment, confiscating and destroying substandard medications, and imposing financial fines. All of this aims to establish a healthy society, which is the strategic goal of any state that believes in and respects the right of individuals to good health. A healthy and sound community is more capable of productivity, creativity, and development.

The crime of legislative deviation is considered one of the most dangerous forms of deviation in the actions of legislative authority, as it involves issuing laws that waste, restrict, or suspend the fundamental rights and freedoms stipulated in the Constitution. Alternatively, the law may be issued in favour of a specific group, which could be partisan, sectarian, or religious, at the expense of the general public\".
\"The aim of enacting laws is to regulate social life by securing the rights and interests of the people in a manner that ensures the realisation of social justice, in addition to enacting laws that protect these rights and criminalise their violation. Therefore, criminalising legislative deviation serves as a deterrent to the legislative authority, ensuring that the legislator does not pursue illegitimate aims when enacting laws that exceed the limits of legislative competence by deviating from public interest. This crime finds its legal basis in the Law on Punishing Conspirators and Subverters of the Governance Regime No. (7) of 1958, as amended. The criminalisation of legislative deviation is, to a large extent, a distinctive feature of Iraqi legislation compared to that of other countries, as it imposes penalties on the legislative authority and all those who contributed to it in enacting legislation tainted by the defect of deviation. Moreover, there are unconventional methods in proving the crime that the courts may resort to when initiating the criminal case\".
\"The Iraqi legislator has considered the crime of legislative deviation a criminal offence and prescribed penalties involving deprivation of liberty. This classification leads to significant results, namely that the laws issued by the Iraqi Council of Representatives are not only subject to the oversight of the Federal Supreme Court, but the Higher Judicial Council, represented by the criminal courts, also has the right to intervene whenever a criminal case is brought before it by any interested party\".

Reparation the victims of the most serious crimes of concern to the international community such as Genocide, crimes against humanity, war crimes, and the crime of aggression constitutes a fundamental aspect of international criminal justice within the framework of the ICC where no other path exists. The Trust Fund for Victims (TFV) plays a pivotal role in the ICC’s commitment to redressing harm suffered by victims by mobilizing support from States and other entities to provide reparations. This reparation is particularly crucial when the convicted person is indigent, lacks sufficient financial means to offer reparation. Currently, in addition to ongoing proceedings before the ICC, five cases have advanced to the reparation phase. Among these, the case of Bosco Ntaganda has been selected as the subject of this study. This case was chosen due to the fact that Ntaganda is the first convicted individual to receive the longest prison sentence imposed by the court.