Risalat al-huquq Journal

The legal framework of the audit and internal control directorates in Iraq is based on a system of financial, administrative and regulatory laws and regulations that oblige state units to establish effective internal control systems. This framework defines the tasks of pre- and post-scrutiny of financial and administrative activities to ensure law compliance and efficiency in the use of public money. It also gives the audit bodies the authority to verify, evaluate and report to the competent authorities. This legal regulation has contributed to supporting institutional integrity and reducing the chances of financial and administrative deviation. Therefore, internal control is the first line of defense to enhance discipline and transparency in state departments

Satellite broadcasting represents one of the most significant and vital subjects at both the international and domestic levels, as it regulates a wide range of diverse activities in various scientific and practical fields, and plays a fundamental role in shaping the immense technological development witnessed worldwide. Satellite broadcasting relies on the transmission of visual and audio information through satellites and the subsequent reception of these signals via specific devices and various technological means. Amid this tremendous advancement and the extensive use of broadcasting technologies—particularly radio and electronic dissemination via satellite—numerous types of harm may arise. Accordingly, this raises several legal questions and challenges concerning the mechanisms of compensating such damages, as well as the legislative stances adopted by various legal systems, in addition to international conventions, which were the earliest instruments to regulate satellite broadcasting. These issues become increasingly complex due to the inherently broad and transnational nature of satellite broadcasting, which transcends state borders and is not confined to any particular country. For instance, transmission may originate from a state located in the far north of the globe and be received in another situated in the far south. Furthermore, there arises the additional difficulty of determining the law applicable to satellite broadcasting, particularly in matters relating to the protection of copyrighted works and intellectual property rights

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Iraqi-Gulf relations have their place in the regional and international arena due to their pivotal role, whether in the security, economic, political, or other aspects, and during the period of security deterioration in Iraq, Iraqi-Gulf relations experienced a kind of Luke warmness in various fields, But after Iraq passed the ISIS crisis What the country
witnessed after that of security stability and the trend towards development and reconstruction, Iraqi -Gulf relations witnessed a kind of continuous communication, and therefore Iraq relations were concentrated with.
The Gulf neighboring countries in the field of exchanging security information, whether in combating terrorism or limiting drug trafficking, in addition to calling for investment, whether in the energy sector or Other
infrastructure, in addition to cooperation in recovering the Iraqi funds, and the recovery of the required from the Iraqi and Gulf parties, and the trade cooperation between them

This study addresses a contemporary legal dilemma concerning the possibility of granting artificial intelligence (AI) systems an independent legal personality within the framework of civil law. The rapid development of AI technologies and their expanding use in contractual, economic, and social fields have raised fundamental questions about the adequacy of traditional legal rules to govern their legal consequences, particularly with regard to civil liability.The research adopts an analytical civil law approach, beginning with an examination of the conceptual and technical foundations of artificial intelligence. It highlights the defining characteristics of AI systems, such as accuracy, speed, predictive capacity, continuous operation, and the reduction of human error. These characteristics, while offering significant benefits, necessitate adherence to core legal principles, most notably good faith and contractual justice, especially in AI-based contractual relationships where an imbalance of power often exists between developers or service providers and users. The study then explores the central legal controversy surrounding the attribution of legal personality to artificial intelligence. It analyzes two main jurisprudential trends. The first, a rejecting approach, maintains the traditional concept of legal personality and argues that AI lacks essential elements such as legal will, moral awareness, and an independent financial estate. Accordingly, AI systems should remain classified as sophisticated tools or objects, with liability assigned to their owners, operators, or manufacturers under existing rules governing liability for things under custody

The issue of oversight over legislative proportionality is considered an important topic in the field of constitutional law, as it is the necessary means to curb legislative authority overreach and return it to constitutional limits, thus serving as the primary means to ensure the enforcement of constitutional rules. The primary goal of controlling legislative proportionality, despite differences in legal systems, is to achieve the concept of the rule of law, by subjecting the public authorities in the state, especially the legislative authority, to oversight of their actions to ensure their compliance with the limits of the constitution and their non-violation of the rights and freedoms guaranteed to individuals; otherwise, their legislation becomes susceptible to being declared unconstitutional if it deviates from the path of correctness

Hotels are vital facilities that play a fundamental role in the tourism movement in various countries of the world. Their importance stems from the importance of travel and transportation linked to areas of commercial and economic investment for all countries, This is due to the accommodation, housing and hospitality services it provides and the resulting mutual obligations between those in charge of it and its patrons Hotels are no longer just a place for temporary residence for individuals, but have become large, organized economic projects governed by legal rules that aim to achieve a balance between the interests of the contracting parties Especially in light of the presence of the foreign element, as these rules seek to regulate special international relations between the two parties to the contract This is done by determining the applicable law and determining the international jurisdiction governing this contract

Artificial intelligence is one of the most important and dangerous realms of our time, posing security, social, and legal challenges in ways that exceed expectations. It is a double-edged sword, offering many opportunities to breach privacy, control it, and exploit it for theft or blackmail. Or defamation, which poses a challenge to traditional criminal law rules in addressing this challenge, especially given that the pace of developments in artificial intelligence applications is far faster than the legislator's ability to keep up. This means that legislative shortcomings in the areas of criminalization and punishment will remain an insurmountable problem. Because it is intertwined with a technical issue unrelated to criminalization and punishment, it constitutes a highly dangerous matter for our cybersecurity and the virtual world in general. Looking ahead to the future of artificial intelligence, there will be even more opportunities to mislead global public opinion. The upcoming risks will take on multiple dimensions. On a personal level, our personal data, which we use daily, becomes vulnerable to hacking, and easy access to our personal computers, along with the potential for cybercrimes, threatens our security. On a human level, the phenomenon of cyber fear will accompany humanity in the future due to the ease of committing crimes using smart electronic methods, through the introduction of the intelligent mechanical element into the equation and its superiority over the human element as such. Whether a party to the crime or an accomplice, we ultimately find a gap between immoral acts and those not legally criminalized. Here, we must seek a better solution to bridge this gap.

This research examines the role of arbitral justice in developing modern conflict of laws rules, particularly in the field of jurisdictional conflicts, in light of the growing importance of disputes involving foreign elements. The study aims to clarify how arbitration, through its flexible nature and relative independence from national courts, has contributed to reshaping traditional concepts of judicial jurisdiction and overcoming the rigidity of national conflict-of-law rules. The research adopts an analytical and comparative approach by examining legal texts and doctrinal opinions, and by comparing the role of arbitral tribunals with that of national courts in addressing issues of conflict of laws and jurisdiction. The study concludes that arbitral justice has become a key factor in developing jurisdictional rules by reinforcing the principle of party autonomy, adopting substantive rules and transnational norms, and reducing both positive and negative conflicts of jurisdiction. The research ultimately finds that international arbitration represents a modern legal mechanism that enhances stability and efficiency in international legal relations

The responsibility of states for violations of international humanitarian law in non-international armed conflicts is a complex issue. A state is held accountable if its official forces commit serious violations such as targeting civilians or torture, or if it fails to prevent abuses committed by armed groups within its territory. State responsibility entails obligations to stop violations, investigate them, prosecute perpetrators, and provide reparations to victims, thereby ensuring respect for international humanitarian law and the protection of civilians

The significance of this research stems from the fact that higher education plays a major role in establishing the foundations of democracy and maturing its social fruits by educating the public about their political and civil rights and entitlements. Hence, the objective of the research is embodied in bridging the gap and paving the way for a vital interaction between the "instrumentality of education" and the "goals of democracy" as a way of life, by establishing the concept of the (democratization of higher education). To achieve this goal and comprehend the study's problem, the research relied on the descriptive-analytical approach to deconstruct concepts, analyze the nature of the relationship between the university and society, and compare it with the realities of the Iraqi context. This was done according to a study plan that divided the research into four sections dealing sequentially with: defining the concept of the democratization of higher education, its dialectical relationship with society, its obstacles in Iraq, and finally the proposed solutions. The research concluded with a set of important results, most notably that democracy needs a suitable social climate to grow, considering that the university and society are two sides of the same coin, each reflecting the other's crises and positive aspects. The research also emphasized the impossibility of instilling democratic principles without bringing about a radical change in the structure of educational institutions in Iraq; as they still suffer from a heavy legacy of despotism and administrative corruption, in addition to the politicization of the university campus, the dominance of the quota system, and the decline in academic freedoms, which stands as a hurdle to its desired democratic development

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Due to the ease and speed of electronic transactions via information networks , many contracts and transactions are now conducted electronically . However, it is essential to verify the accuracy and validity of the data in electronic transaction ,as these transaction may involve fraud , forgery , or incorrect information since they are contracted remotely via information networks without a physical meeting between the parties. Therefore , the legislator has approved a legal instrument called the electronic authentication certificate , which has become crucial proving the validity of the electronic signature of the person who conducted the electronic transaction. Since the electronic transaction certificate is considered proof in the electronic transaction , it is necessary to provide it with special legal protection by punishing those who misuse it . Accordingly , when a person uses a forged electronic authentication certificate ,they expose themselves to criminal liability because , in this case , they are considered to have committed the crime of using a forged electronic authentication certificate.

Numerous dangers posed by artificial intelligence (AI) to the human right to privacy have emerged, including the rapid use of AI in analyzing personal data. This represents a real threat to individuals' privacy and the sanctity of their private lives, especially when such data is collected and used for purposes that do not align with legal and ethical values, and without the knowledge or consent of individuals. Even more alarming is that some AI technologies have begun to infiltrate individuals' electronic communications, storing or analyzing their content, which constitutes a violation of the privacy of communications. Furthermore, data theft is no longer perpetrated by individuals but is now carried out through intelligent software capable of collecting, analyzing, and exploiting data. Moreover, AI has become a tool sometimes used to defame individuals and undermine their honor and social standing through the manipulation of digital content. It is also used in scams and fraud by accurately simulating voices or faces, posing a serious threat to individuals' privacy in the digital space

Citizenship is considered one of the fundamental pillars in the construction of human societies, given its direct impact on achieving the goals of development, reform, and enhanced societal participation. Active citizenship provides a conceptual framework that highlights its organic connection to comprehensive development pathways and sustainable development. Contemporary literature demonstrates a reciprocal and dynamic relationship between strengthening the values of citizenship and achieving development in its economic, social, and political dimensions.
This study seeks to clarify the nature of this relationship and to examine the extent to which activating citizenship influences the proper direction of sustainable development. It further analyzes the effectiveness of citizenship practices during the implementation of development programs. The analysis is applied to the Iraqi context after 2003, a period marked by profound structural transformations that produced significant challenges in both citizenship and development. These conditions make exploring the relationship between the two an urgent necessity for understanding the underlying issues.

The significance of this research stems from the fact that higher education plays a major role in establishing the foundations of democracy and maturing its social fruits by educating the public about their political and civil rights and entitlements. Hence, the objective of the research is embodied in bridging the gap and paving the way for a vital interaction between the "instrumentality of education" and the "goals of democracy" as a way of life, by establishing the concept of the (democratization of higher education). To achieve this goal and comprehend the study's problem, the research relied on the descriptive-analytical approach to deconstruct concepts, analyze the nature of the relationship between the university and society, and compare it with the realities of the Iraqi context. This was done according to a study plan that divided the research into four sections dealing sequentially with: defining the concept of the democratization of higher education, its dialectical relationship with society, its obstacles in Iraq, and finally the proposed solutions. The research concluded with a set of important results, most notably that democracy needs a suitable social climate to grow, considering that the university and society are two sides of the same coin, each reflecting the other's crises and positive aspects. The research also emphasized the impossibility of instilling democratic principles without bringing about a radical change in the structure of educational institutions in Iraq; as they still suffer from a heavy legacy of despotism and administrative corruption, in addition to the politicization of the university campus, the dominance of the quota system, and the decline in academic freedoms, which stands as a hurdle to its desired democratic development

With the rapid technological advancements sweeping across all fields of life, particularly in the medical sector, robot-assisted surgery has emerged as a key part of this progress. It is considered one of the most notable innovations aimed at performing highly complex surgical procedures with remarkable precision, made possible by advanced surgical tools that often surpass the capabilities of the human hand. Nevertheless, this type of surgery is not without risks. Patients may suffer physical or psychological harm due to system malfunction, misuse of the technology, insufficient training, lack of maintenance, or technical defects. In short, electronic surgery represents a major breakthrough in the medical field. At the same time, it brings with it complex legal challenges that require clear regulation and ongoing development of approaches to protect against its risks. This may call for a reconsideration of existing compensation systems, or even for the development of a new legal framework capable of addressing these issues, similar to the European approach introduced in the 2017 Civil Law Rules on Robotics, which established a mandatory insurance system to cover risks arising from technologies and machines equipped with artificial intelligence. In order to achieving a balance between protecting public safety—especially the physical well-being of patients—and encouraging innovation and the use of smart technologies

Every city in the world has its own unique characteristics that distinguish it from others, and these characteristics stem from several factors, which may be geographical, social, religious, or others.
From this perspective, the city of Karbala has had its unique distinction in the world, as it is distinguished by its sanctity, containing the tomb of Imam Hussein ibn Ali ibn Abi Talib (peace be upon him). God Almighty has honored and distinguished it over all other places on earth, as evidenced by many religious texts indicating this matter.
The sanctity that the city of Karbala has been endowed with has imposed several obligations at the official level, represented by the federal authorities in the state, and at the popular level, represented by the behavior of the residents and visitors. This is to ensure that this sanctity remains preserved and protected from violation

This study deals with the law applicable to the employment contract of the illegal migrant in the host country, considering that the international employment contract is one of the contracts that has distinct characteristics, as it differs from other private contracts in terms of determining the international nature of the contracts due to the presence of the foreign element represented by the nationality of the illegal migrant. Consequently, the issue of determining the law applicable to the employment contract of the illegal migrant is a difficult one and has stirred considerable debate and disagreement in jurisprudence and judiciary, leading to contradictions between scholarly opinions and judicial rulings regarding the law to be applied to that contract. The solutions have remained conflicting concerning the application of the law of will, the place of conclusion, or the place of execution, due to the multitude of laws that this subject falls under, especially international labor relations involving a foreign element, in order to reach the best solutions for protecting the worker as the weaker contracting party to secure his rights. Likewise, there is a need in Iraqi law for clear provisions to determine the law applicable to international employment contracts in general and the employment contract of the illegal migrant in particular, whether within the conflict-of-law rules in

This study deals with the law applicable to the employment contract of the illegal migrant in the host country, considering that the international employment contract is one of the contracts that has distinct characteristics, as it differs from other private contracts in terms of determining the international nature of the contracts due to the presence of the foreign element represented by the nationality of the illegal migrant. Consequently, the issue of determining the law applicable to the employment contract of the illegal migrant is a difficult one and has stirred considerable debate and disagreement in jurisprudence and judiciary, leading to contradictions between scholarly opinions and judicial rulings regarding the law to be applied to that contract. The solutions have remained conflicting concerning the application of the law of will, the place of conclusion, or the place of execution, due to the multitude of laws that this subject falls under, especially international labor relations involving a foreign element, in order to reach the best solutions for protecting the worker as the weaker contracting party to secure his rights. Likewise, there is a need in Iraqi law for clear provisions to determine the law applicable to international employment contracts in general and the employment contract of the illegal migrant in particular, whether within the conflict-of-law rules in

This research examines the concept of "Humanizing the Legal Rules of Relief: Between Imam Ali (peace be upon him) and International Humanitarian Law" as a paramount humanitarian value with legal, ethical, social, and institutional implications.
The study aims to conduct an analytical comparison between this model and contemporary international principles governing humanitarian relief within the framework of international humanitarian law and human rights conventions.
The research draws upon several sayings and precepts of Imam Ali (peace be upon him), in addition to his covenant with Malik al-Ashtar. It concludes that relief in Imam Ali's thought has two aspects: individual and social, forming an integral part of the philosophy of just governance and the social policy of the state.
The study also highlights the fundamental points of convergence with modern international law, particularly in the principles of humanity, non-discrimination, and the right of access to relief aid. Furthermore, it demonstrates the distinctive aspect of Imam Ali's approach, which lies in linking immediate relief to addressing the root causes of poverty and social injustice

The intelligent artificial agent plays a significant technical and legal role in the realm of administrative contracts, as it undertakes contracting, conclusion, and execution tasks automatically and independently without direct human intervention, utilizing advanced technologies such as artificial intelligence algorithms and blockchain technology. This agent is characterized by operational autonomy and the ability to communicate and initiate administrative contracts and execute them based on pre-programmed data sets and algorithms, enabling transactions to be completed with high accuracy and speed while minimizing human errors and risks.
During the contract formation stage, the intelligent agent analyzes terms and requirements, conducts electronic negotiations if applicable, and automatically presents and approves the contract based on the governing software, without the need for human intermediaries. This enhances the efficiency of the contracting process and supports procedural transparency but raises significant legal questions concerning the legal personality of the intelligent agent and the extent to which the law recognizes it as an independent party capable of bearing direct obligations or liabilities.
At the administrative contract execution stage, the intelligent agent monitors and inspects compliance with contract provisions continuously and automatically. It can issue reports or take executive or corrective actions autonomously through network-connected systems, reducing time gaps and human errors common in traditional execution. The legal implications of actions performed by the intelligent agent in administrative contracts are multifaceted, including challenges in determining legal liability for breaches or damages arising from the agent's actions, especially given the absence of an independent legal personality and unclear identification of the legally authorized parties to assume commitments. This necessitates developing legal rules that regulate the relationship between the intelligent agent and its users, the rights and duties of contracting parties, and procedures for contesting, modifying, or canceling contracts in a manner consistent with automation and artificial intelligence characteristics Finally, there is a legislative gap in many Arab jurisdictions regarding contracts concluded by intelligent agents, requiring the enactment of modern laws that recognize the legal status of intelligent agents, regulate their operations, define their responsibilities, and implement protection mechanisms for contracting parties. This balance must accommodate technological advancement alongside the requirements of contemporary administrative and commercial law to safeguard the rights and interests of both the public and private sectors alike

Within the framework of consolidating the modern rule-of-law state, this study examines the impact of the principles and mechanisms adopted in political systems on the protection of public freedoms and fundamental rights, on the premise that constitutional recognition of these rights does not achieve its intended purpose unless it is accompanied by effective implementation that ensures the preservation of human dignity and freedom, particularly in the fields of personal liberty and the freedom of communications and correspondence. The study aims to demonstrate the extent to which constitutional principles—such as the rule of law, separation of powers, judicial independence, and oversight of executive actions—are effective in protecting freedoms from arbitrariness, and to reveal the discrepancies between constitutional texts and practical reality in both Iraq and Egypt, with a focus on achieving a balance between the requirements of national security and the guarantees of freedom and privacy. The research adopts a descriptive-analytical approach combined with a comparative method, through analyzing the relevant constitutional and legislative texts in the Iraqi and Egyptian legal systems, identifying points of convergence and divergence in the mechanisms for protecting rights and freedoms, and assessing their compatibility with international human rights standards. The study concludes that constitutional protection of freedoms is not realized merely by stipulating them in constitutional texts, but is closely linked to the effectiveness of institutional and judicial mechanisms in their implementation and enforcement. It also demonstrates that the Iraqi Constitution of 2005 and the Egyptian Constitution of 2019 have established an advanced framework of rights and freedoms; however, the real challenge lies in practical application, particularly in light of security conditions and rapid technological developments, which necessitates strengthening judicial oversight and accountability mechanisms to transform constitutional rights from theoretical norms into effective guarantees that safeguard freedom and human dignity.

Achieving justice is a guarantee that guarantees the freedoms of people regardless of their backgrounds, origins, and affiliations. In its absence, the law becomes a tool that serves those in power and achieves justice by providing everyone with the right to litigation and not immunizing any action or decision from appeal before the judiciary, especially administrative ones. This court lacked many amendments and reforms to the Iraqi administrative judiciary, and its powers were expanded through the Iraqi legislator's establishment of the Supreme Administrative Court of Cassation pursuant to the amendment made to State Council Law No. (65) of 1979, as amended by Law No. (17) of 2013. This court would be the final appellate body for rulings issued by the Administrative Judiciary Court or the Civil Service Judiciary Court. The Supreme Administrative Court of Cassation has effectively undertaken its judicial duties and fulfilled its responsibilities through judicial oversight of the rulings and decisions appealed before this court, whose rulings are final and binding on all. This study aims to develop an objective vision in order to stand Given the essential role played by the Supreme Administrative Court in the Iraqi administrative judiciary in addressing rulings and decisions issued in violation of the law, with the aim of preserving and safeguarding the acquired rights and freedoms of individuals, we deemed it a pressing legal necessity to delve into the subject. To ensure a comprehensive study in all its aspects, we examined it comparatively with other administrative judicial experiences

Due to the ease and speed of electronic transactions via information networks , many contracts and transactions are now conducted electronically . However, it is essential to verify the accuracy and validity of the data in electronic transaction ,as these transaction may involve fraud , forgery , or incorrect information since they are contracted remotely via information networks without a physical meeting between the parties. Therefore , the legislator has approved a legal instrument called the electronic authentication certificate , which has become crucial proving the validity of the electronic signature of the person who conducted the electronic transaction. Since the electronic transaction certificate is considered proof in the electronic transaction , it is necessary to provide it with special legal protection by punishing those who misuse it . Accordingly , when a person uses a forged electronic authentication certificate ,they expose themselves to criminal liability because , in this case , they are considered to have committed the crime of using a forged electronic authentication certificate.

The tenant\'s obligation to return the leased property represents the final effect of the lease contract and reflects its temporary nature, which requires defining its content, limits, and the legal basis for assessing the extent of its fulfillment at the end of the contract. Based on this, the study addressed this obligation from an analytical perspective, not as an abstract or separate obligation, but as a result arising from the tenant\'s behavior throughout the rental period and the related previous obligations, particularly the obligation to maintain the leased property and use it properly.
The study was divided into two sections: the first was dedicated to explaining the concept of the tenant\'s obligation to return the leased property and defining its content and effects in the case of creating new additions or improvements to the leased asset; while the second section addressed the legal consequences resulting from the tenant\'s breach of this obligation, whether through the destruction or damage of the leased property or the delay in returning it after the contract ends. the research concluded that determining the extent to which the lessee fulfills the obligation of restitution cannot be considered in isolation from the previous obligations associated with it. it also revealed the existence of some shortcomings in the current legislative framework, particularly regarding the standard of the leased property\'s condition upon restitution and the impact of new developments, especially concerning movable leased property. this necessitated presenting a set of legislative proposals aimed at achieving a greater degree of contractual balance and reducing practical disputes

Genetic diseases are among the health and social challenges that directly affect the stability of the family and society as a whole, as they are transmitted through generations due to inherited genetic defects. Due to the increasing rate of these diseases in Iraqi society, which is considered one of the environments where consanguineous marriage is prevalent, and as it is one of the main and most significant causes of the transmission of genetic diseases, it has become necessary to study their impact on marriage contracts. This research aims to shed light on the nature of genetic diseases, their causes, and mechanisms of transmission, and to clarify their effects at the time of concluding a marriage contract and afterward, whether they constitute a religious or legal impediment to the contract, and to highlight the legal gaps in addressing this issue. Moreover, it aims to analyze the legal and health role of pre-marital medical examination, emphasizing the importance of awareness and early screenings in reducing their spread. The study concluded that promoting genetic screening programs and providing pre-marital medical counseling represent effective tools to protect the family and reduce health burdens on society, along with highlighting the need to make some amendments to certain provisions of the Iraqi Personal Status Law.

This research examines the interdependent relationship between law and economics and its direct impact on regulating civil and commercial transactions. Law does not operate in isolation; rather, it interacts with and shapes economic developments by establishing the framework governing economic activities and defining the rights and obligations of the parties involved.
The researcher argues that the modern economic transformations require revisiting the formulation of legal rules to align with market realities while preserving the principle of justice, which remains the cornerstone of any sound legal system. The study focuses on Iraqi civil and commercial law and compares it with selected Arab and international systems to assess its adaptability to economic change.
The research concludes that law and economics are mutually influential, and that any legislative reform in Iraq must rest on a comprehensive economic understanding of civil and commercial activities.

Within the framework of consolidating the modern rule-of-law state, this study examines the impact of the principles and mechanisms adopted in political systems on the protection of public freedoms and fundamental rights, on the premise that constitutional recognition of these rights does not achieve its intended purpose unless it is accompanied by effective implementation that ensures the preservation of human dignity and freedom, particularly in the fields of personal liberty and the freedom of communications and correspondence. The study aims to demonstrate the extent to which constitutional principles—such as the rule of law, separation of powers, judicial independence, and oversight of executive actions—are effective in protecting freedoms from arbitrariness, and to reveal the discrepancies between constitutional texts and practical reality in both Iraq and Egypt, with a focus on achieving a balance between the requirements of national security and the guarantees of freedom and privacy. The research adopts a descriptive-analytical approach combined with a comparative method, through analyzing the relevant constitutional and legislative texts in the Iraqi and Egyptian legal systems, identifying points of convergence and divergence in the mechanisms for protecting rights and freedoms, and assessing their compatibility with international human rights standards. The study concludes that constitutional protection of freedoms is not realized merely by stipulating them in constitutional texts, but is closely linked to the effectiveness of institutional and judicial mechanisms in their implementation and enforcement. It also demonstrates that the Iraqi Constitution of 2005 and the Egyptian Constitution of 2019 have established an advanced framework of rights and freedoms; however, the real challenge lies in practical application, particularly in light of security conditions and rapid technological developments, which necessitates strengthening judicial oversight and accountability mechanisms to transform constitutional rights from theoretical norms into effective guarantees that safeguard freedom and human dignity.

Due to the ease and speed of electronic transactions via information networks , many contracts and transactions are now conducted electronically . However, it is essential to verify the accuracy and validity of the data in electronic transaction ,as these transaction may involve fraud , forgery , or incorrect information since they are contracted remotely via information networks without a physical meeting between the parties. Therefore , the legislator has approved a legal instrument called the electronic authentication certificate , which has become crucial proving the validity of the electronic signature of the person who conducted the electronic transaction. Since the electronic transaction certificate is considered proof in the electronic transaction , it is necessary to provide it with special legal protection by punishing those who misuse it . Accordingly , when a person uses a forged electronic authentication certificate ,they expose themselves to criminal liability because , in this case , they are considered to have committed the crime of using a forged electronic authentication certificate.

Due to the ease and speed of electronic transactions via information networks , many contracts and transactions are now conducted electronically . However, it is essential to verify the accuracy and validity of the data in electronic transaction ,as these transaction may involve fraud , forgery , or incorrect information since they are contracted remotely via information networks without a physical meeting between the parties. Therefore , the legislator has approved a legal instrument called the electronic authentication certificate , which has become crucial proving the validity of the electronic signature of the person who conducted the electronic transaction. Since the electronic transaction certificate is considered proof in the electronic transaction , it is necessary to provide it with special legal protection by punishing those who misuse it . Accordingly , when a person uses a forged electronic authentication certificate ,they expose themselves to criminal liability because , in this case , they are considered to have committed the crime of using a forged electronic authentication certificate.

The phenomenon of separation (divorce) in Iraqi society has been increasing annually since 2004 until now, and although this increase varies from one year to another, we notice an increase in its annual rate of approximately 23% of marriage cases registered in the courts. these cases of discrimination resulted from the combination of several social, economic and cultural factors. researchers indicated that they were the results of technological development and the multiplicity of social networking sites, which had a negative impact on these cases.
However, these cases cannot be reduced by a specific measure taken by one party or another, but rather by adopting a national strategy calling for combating this phenomenon, in which state institutions, civil society organizations, and even elite individuals participate.
Among the proposed solutions are legislative (legal) tools or means, through economic, social and educational solutions, and ending with directing the cultural and health behavior of individuals who make up a single family within this Iraqi society

Peacebuilding is one of the goals of addressing injustice (or unfairness), or in other words, overcoming the political and social conditions that generate prolonged conflict to reach social and political conditions based on tolerance and the rule of law. Peacebuilding and its establishment revolve around focusing on developing constructive personal, collective, and political relationships, and rejecting all forms of discrimination based on ethnicity, religion, and class. This is achieved by ending violence and managing conflict through finding radical solutions to problems.Establishing peace requires adopting a long-term approach that evolves into a comprehensive strategy implemented at all levels of society. The goal of this approach is to build and strengthen sustainable bonds between individuals locally, leading to lasting peace, finding community-based solutions to disputes, and establishing stability in the political, social, and economic aspects of society. This is what the research addressed in its case study of Yemen. The parties involved in peacebuilding efforts in Yemen vary based on the nature of the context and the peace factor itself. Successful initiatives in this field contribute to creating an environment conducive to strong and sustainable peace, achieving reconciliation between conflicting parties, and preventing a recurrence of conflict. These activities also aim to engage civil society and establish structures that guarantee the rule of law. Researchers and practitioners have become increasingly convinced that peacebuilding efforts are more effective and sustainable when they are based on local endeavors, supported by assistance and support from external actors such as the United Nations or some donor countries that adopt peace processes. Yemen is one of the countries that has received regional, international, and UN assistance through the provision of multifaceted initiatives due to the multiplicity of parties to the conflict, which has taken on multiple forms, sometimes being a sectarian conflict, sometimes a conflict over material resources in Yemen, and sometimes a regional conflict. Therefore, this research has highlighted these diverse initiatives in order to achieve peace in Yemen

Diplomatic immunities and privileges are among the fundamental pillars of the modern international relations system, guaranteeing diplomats and diplomatic missions the ability to perform their duties freely and independently, away from any pressure or interference stipulated in the 1961 Vienna Convention on Diplomatic Relations, affirmed that respecting these immunities is an international obligation incumbent upon all states without exception. When a state violates these immunities, it is considered to have breached its international obligations, This leads to the realization of international responsibility, and this responsibility is realized when a state commits an act or conduct that violates the binding rules of international law, Such as attacking the premises of the diplomatic mission, violating the sanctity of correspondence and documents, arresting a member of the mission, or violating the sanctity of diplomatic luggage and bags.
If this violation is proven, the violating state shall bear the consequences of its action, as it is obligated to immediately cease the unlawful conduct, provide guarantees that it will not be repeated, and compensate the sending state or its representatives for the damage. Compensation may be through compensation, a formal apology, or restoring the situation to what it was before the violation occurred, depending on the nature of the damage that occurred

Commercial competition has always been of interest to economists and jurists, as it represents the lifeblood of commercial activity. It is one of the natural laws of human nature that arises with people in various fields of life, especially in the field of trade. Often, the goal of a merchant entering into competition is to make a profit. However, some people go too far in achieving that desired goal, and thus they may resort to using practices that are prohibited or forbidden by law, turning competition into an illegal competition.
Therefore, it was necessary to define the scope of legitimate competition to provide merchants with legal boundaries that restrict their activities. A key factor in defining this scope is the means employed by the merchant, which must be legitimate. We must also remember the important legal principle of free trade in commercial competition. However, this freedom must be defined and kept within legal parameters that prevent unfair competition. From this stemmed the idea that competition must have a defined scope, remaining within the bounds of legitimacy, both in terms of the legitimate means used by the merchant and in terms of the principle of free trade itself, which must be defined by legal controls that ensure it constitutes legitimate competition

Cybercrime has emerged as one of the most complex and challenging legal issues facing Iraq’s criminal justice system in the digital era. With rapid technological development and the increasing reliance on information networks, cybercrimes now pose serious threats to individuals, society, and national security, often transcending geographical and jurisdictional boundaries.
This study analyzes the concept and characteristics of cybercrime, distinguishing it from traditional crimes, and examines its most common forms in the Iraqi context. It also evaluates the current Iraqi criminal legislation, particularly Law No. 111 of 1969 (the Penal Code), alongside the draft Cybercrime Law, highlighting their deficiencies and the need for legislative modernization.
The research concludes that Iraq’s current legal framework remains inadequate to effectively address the dynamic nature of cybercrime. Therefore, it calls for the enactment of a comprehensive and specialized cybercrime law that balances personal freedoms with the necessity of protecting national cyber security

The banking system is one of the most important pillars upon which the financial and economic stability of any country rests. Therefore, banking services are not confined to a specific scope, but extend to other areas to achieve a degree of security and stability for these banks in the face of financial crises and banking risks. This is achieved through their commitment to returning cash deposits when requested by the bank's customer.
While the general rule is that the customer is responsible for failing to fulfill their obligations in their relationship with the bank, as is the case in granting credit, sometimes the bank may also fail to fulfill its obligations, particularly regarding its obligation to return cash deposits

The phenomenon of suicide has escalated, particularly within Iraqi society, becoming a paramount concern for both the governing authorities and society as a whole. While the causes of this phenomenon—social, cultural, ideological, or political—are well-known to many, the rapid developments across various fields necessitate an investigation into other underlying factors of this grave and complex issue. It is noteworthy that the causes of suicide can be either direct or indirect; we consider the "legislative vacuum" or "legal flaws" in certain (laws, decrees, regulations, or instructions) to be an indirect driver of this phenomenon, encompassing both substantive and procedural laws. Consequently, all legislative, executive, and judicial authorities must operate as a unified, integrated team to eradicate this phenomenon

The advanced digital and technological evolution in the age of artificial intelligence has led to an increase in cybercrime and the emergence of new and different, such as electronic hacking, online fraud, and data theft. These have become some of the most common crimes in the current era due to the increased use of information and communication technology.
Consequently, the international and national legal systems face complex challenges in enforcing the law and addressing these cybercrimes. While artificial intelligence offers significant capabilities that increase the efficiency of detecting cybercriminals, prosecuting them, and identifying criminal behavior through big data analysis and the recognition of suspicious patterns to prevent them, it also opens the door for criminals to use AI to design complex cyberattacks. This makes it difficult to detect the perpetrators and determine their criminal liability, especially since some cybercrimes are transnational, with perpetrators in different countries and victims in others, which further increases the challenges facing the legal system and highlights

The administrative decision is the most important legal instrument used by public administration to achieve the public interest and manage public services. Given the seriousness of its consequences, the quality of this decision depends fundamentally on its drafting, which is divided into two aspects: organizational (structural and formal) and legal (substantive and normative).
Drafting is the mechanism that ensures the administrative will is explicit and binding. Poor drafting, whether in the form of ambiguity, deficiency, or inconsistency, leads to substantive defects (such as defects of subject matter and cause). The judiciary treats defective drafting that leads to the misapplication of regulations as a violation of the law.
In systems suffering from complex drafting of sub-legislative provisions (such as instructions and internal regulations), the legislator must review the drafting of appeal provisions to decouple the defect of misinterpretation and misapplication from the defective drafting, thus enabling the judge to focus on the core of the defect.

In Iraqi law, the punishment for failing to perform a legal duty varies between a fine and imprisonment, with a percentage-based fine imposed depending on the extent of the harm caused or the benefit gained from the crime. Islamic Sharia law, on the other hand, requires specific conditions to be met to establish a crime of omission, and the punishment varies according to the nature and severity of the act. It can range from capital punishment or corporal punishment to monetary penalties such as alms-giving, with the emphasis on protecting the interests of the individual and society. The purpose of imposing punishment on the offender in Islamic Sharia is to reform the criminal, prevent recidivism, and deter others from committing crimes that disrupt the security and well-being of society