Sumer Journal of Legal Sciences

Multiparty systems play a role in addressing the political and social contradictions inherent in parliamentary systems. They argue that any resulting problems can only be resolved through the convergence of interests and ideologies, guided by stable organizations capable of political competition within the framework of constitutional legitimacy. These characteristics distinguish multiparty systems from the absence of political parties. To provide a clear picture of the relationship between party systems and political systems, this topic will be divided into two consecutive sections: Multiparty systems and parliamentary political systems, and two-party systems and Western political systems. This study aims to analyze and compare political parties.

This research addresses the historical development of the foreign insurer in Iraq as a mirror reflecting the political, economic, and legislative transformations of the Iraqi State. The study traces the historical roots of insurance activity from maritime contracts in the Italian commercial cities during the fourteenth century, through the Lloyd\\\\'s market in London in the seventeenth century, to the appointment of the first official insurance commissioner in the United States in 1851 — a context that gave rise to the foreign insurer as a cross-border phenomenon. The research then examines the four historical stages through which the foreign insurer passed in Iraq: the Ottoman era and early beginnings, dominated by inherited legislation such as the Sigorta Law of 1905; the stage of gradual restriction, which commenced with the first national insurance supervision law of 1936 and was reinforced by Law No. (49) of 1960; the stage of nationalization and exclusion established by the Nationalization Law No. (99) of 1964, which transformed the insurance sector into a complete state monopoly; and finally the stage of openness and the return of the foreign insurer with the enactment of the Insurance Business Regulation Law No. (10) of 2005, which once again recognized the foreign insurer as a legitimate entity under the supervision of the Insurance Diwan. The research concludes that the position of the Iraqi legislator toward the foreign insurer has evolved through three successive philosophies — absolute permissibility, protective restriction, and complete exclusion — before returning to regulated openness. It recommends the development of the current legislative framework to ensure a balance between encouraging foreign investment and protecting the national market, strengthening the supervisory role of the Insurance Diwan, and tightening the rules governing outbound reinsurance to preserve the national economy from the unjustified outflow of premiums.

The weakness of the legislative treatment that the Penal Code suffers from, and the failure to formulate its texts in a way that enables the criminal rules contained in those texts to keep pace with the various developments, compels the legislator to resort to special criminal, regulatory and subsidiary laws to address that weakness and deficiency. This encourages him in the future and opens the door to putting in place texts that address any new matter and protect any interest, without regard to what is in the Penal Code, in a way that makes it excessive in criminalization. All of this leads to the repetition of what is in the Penal Code, in addition to what is in the previous special criminal laws

This study addresses the issue of criminal liability arising from cyberattacks, focusing on the inadequacy of traditional legal frameworks in accommodating the virtual nature of these crimes. The study aims to identify the legislative gap in Iraqi law resulting from the absence of a specialized law to combat cybercrime. This forces the judiciary to rely on provisions of the Penal Code No. 111 of 1969, which are primarily literal and may not adequately address attacks on digital values. Employing a descriptive, analytical, and comparative approach with Egyptian legislation (Law No. 175 of 2018), the research arrives at key findings, most notably the necessity of transitioning from purely physical punishments to a system that combines imprisonment, substantial financial penalties, and preventative technical measures. The study also addresses the challenge of digital evidence by proposing that electronic evidence be granted conclusive legal weight equivalent to physical evidence. The study recommends that the Iraqi legislature expedite the enactment of modern legislation that embraces the concept of digital sovereignty, while introducing rehabilitative measures such as digital community service for gifted youth, to ensure a delicate balance between criminal deterrence and technological advancement

The digital transformation of the real estate sector and its impact on property rights protection is a crucial element of economic and social security. However, the current reality suffers from clear legislative and institutional shortcomings, including the continued reliance on traditional paper records, the absence of a unified electronic real estate registry, and weak legal frameworks that grant legal validity to digital documents and electronic signatures. Although the government has begun offering some electronic real estate services through the \\\\\\\\"Our\\\\\\\\" platform and has launched the digital property deed and property map, this transformation remains partial and administrative, and has not yet reached the level of institutional legal transformation necessary to protect property rights, prevent forgery, and ensure evidentiary weight. Therefore, digital transformation in the real estate sector should not be limited to automating procedures or simplifying services. Rather, it must extend to building a comprehensive legislative and technological framework that guarantees the protection of electronic real estate documents, recognizes their validity before the courts and third parties, and establishes a secure and unified national digital real estate registry capable of achieving real estate security, enhancing trust and investment, and enshrining the rule of law in the digital environment.

The military judiciary is an initiative established by the constitutional legislator to ensure the practical application of the constitution, which is the supreme law of the land. Many countries, including Iraq and other Arab states, have adopted the military court system, which serves as a vital and important guarantee for the implementation of constitutional provisions as intended by the constitutional legislator. The formation of this type of court acts as a tool to protect the rights of members of the military, particularly within a state that has adopted a federal system within its governing administrative framework. Therefore, the judge must strive to reconcile the principle with the ruling stipulated by the law in order to reach a just verdict between the litigants. This has strengthened the presence of judicial bodies such as military courts, which are responsible for trying members of the security forces. The military judiciary enhances public confidence in the judicial system as a whole, especially within a field characterized by rigor and discipline such as the military and security sectors. This confidence can only be maintained by the existence of the appropriate body

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This research explores the publication of criminal judgments as a legislative tool designed to achieve general deterrence and enhance judicial transparency. By examining various legal systems, the study defines the legal nature of publication—assessing whether it functions as a primary, secondary, or supplementary penalty—particularly in crimes involving corruption or embezzlement of public funds. Substantively, it investigates the legal basis, mandatory versus optional application, and the necessary balance between public information and the convicted individual\\'s right to privacy and reputation. Procedurally, the research details implementation mechanisms, such as media platforms and timing, alongside legal safeguards like the right to appeal. Through a comparative lens, it highlights modern trends toward stricter regulatory controls to protect fundamental freedoms. The study concludes that while publishing judgments effectively combats crime and builds public trust, it must be governed by precise legal constraints. This ensures a vital equilibrium between social interests and fair trial guarantees, ultimately advocating for the alignment of national laws with international human rights standards to prevent excessive infringement on individual rights.

This research addresses the issue of the distribution of competencies among authorities in the field of cybersecurity in Iraq, through an analysis of the legal and institutional framework governing this distribution, with reference to some comparative experiences, It highlights the interaction between the executive, legislative, and judicial authorities, and reviews their roles in managing cybersecurity risks, whether in terms of regulation and legislation or in terms of oversight and implementation, It also discusses the reality of national bodies concerned with cybersecurity and analyzes the extent of their role integration in the absence of a comprehensive law that precisely regulates this field.

Collateral relatives are those who share a common ancestor without being direct descendants of one another (such as siblings, uncles, and their descendants). Collateral relatives are legally entitled to maintenance from their relatives, a right based on evidence from the Holy Quran, the Sunnah (Prophetic traditions), and scholarly consensus. Despite differing opinions among Islamic schools of thought on this matter, the Iraqi Personal Status Law No. (188) of 1959, as amended, adopts the Hanbali school\\\\'s view, which mandates this maintenance. The law stipulates that the entitlement to maintenance for collateral relatives is contingent upon fulfilling the necessary legal and religious conditions, and it is obtained through the courts. When a court order is issued to impose maintenance on collateral relatives, its amount is determined according to the inheritance share of the person providing the maintenance from the person receiving it. This maintenance is calculated from the date of the court claim, unless there are grounds for its termination

The right to brokerage in the stock market is monopolized by brokers registered in that market. This is one of the most important principles regulating the stock market. Most laws regulating the stock market have explicitly stipulated this principle, yet it has raised certain questions, including those related to defining its scope and justifications. This research examines the issues raised by this principle, primarily defining its meaning and scope, the justifications for its adoption, the exceptions to it, and the penalties for violating it.

Bankruptcy is considered one of the highly important topics within the scope of international corporations, and its significance has recently increased as a result of the great expansion in the activities of multinational companies and their spread across various countries. This development has produced complex legal challenges concerning how to deal with bankruptcy cases of a cross-border nature, which necessitates an in-depth study to find legal solutions that correspond to the particularity of these companies and their influential role in the global economy.
International bankruptcy raises the problem of determining the effects of a bankruptcy judgment at the international level. Jurists have sharply disagreed on this matter: one group advocates the theory of universal bankruptcy, while another supports the theory of territorial bankruptcy. These two approaches have also found resonance in national laws, judicial rulings, and international treaties.
Furthermore, financial crises in all their aspects have significantly altered the legal system of bankruptcy. The idea of separating the merchant from commercial activity in general has emerged, and a balance has been established between conflicting interests and the protection of creditors’ rights. Bankruptcy has thus become a realistic process, whereby declaration is no longer made merely upon the suspension of payment of a single debt, but rather upon the existence of evidence proving the collapse of the financial position of the merchant whose bankruptcy is sought

Health insurance in Iraq faces obstacles in its implementation due to a lack of public awareness about its importance, as well as weak healthcare infrastructure and the fact that not all hospitals are covered by the health insurance system. The absence of binding timeframes for implementing the law, which has been left open-ended, has also hindered and delayed its activation. While the state guarantees the individual\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s right to healthcare under the constitution, and health insurance is considered a crucial means of providing healthcare, Health Insurance Law No. [22] of 2020 was enacted. However, the shortcomings of this law have not kept pace with the rising costs of treatment in the private sector and the declining quality of healthcare services provided by government health institutions. Therefore, amendment or reform is required to make it more comprehensive and effective

This study examines the impact of artificial intelligence on administrative decision-making, focusing on the growing role of AI technologies in enhancing the effectiveness and accuracy of decisions within public and private institutions. The research begins by explaining the theoretical foundations of artificial intelligence, including intelligent algorithms, decision support systems, and big data analytics techniques. It demonstrates how these tools are used to provide accurate information that helps decision-makers engage in strategic planning and make faster decisions while reducing human error. The study also reviews practical applications of artificial intelligence in management, such as improving operational efficiency, enhancing competitiveness, and achieving more effective resource management. In addition, it discusses the legal and ethical challenges and limitations associated with the use of these technologies, including the risks of complete reliance on intelligent systems and the loss of human oversight over certain critical decisions. The study concludes by presenting practical recommendations for integrating artificial intelligence in a balanced manner that supports decision-making without undermining the vital role of the human element.

This study examines the role of the political economy of artificial intelligence in reshaping international economic relations, considering AI as a key determinant of power in the contemporary global system. The research analyzes Sino–American geo-economic competition as a case study illustrating the transformation of artificial intelligence from a neutral technological tool into a strategic instrument for redistributing economic and political influence. Relying on descriptive-analytical and comparative approaches, the study highlights the fundamental differences between the U.S. market-driven, private-sector-led model and China’s state-centered, centrally planned strategy for AI development. The study further explores the implications of this competition for Arab states, identifying potential opportunities in digital investment and technology transfer, alongside structural challenges related to technological dependency, digital sovereignty, and the widening digital divide. The findings indicate that improving the position of Arab states within the international economic system depends on the formulation of coherent national and regional artificial intelligence strategies capable of transforming AI from a source of dependency into an effective tool for economic autonomy and enhanced political influence.

This research examines and analyzes the effectiveness of judicial mediation in resolving administrative disputes, particularly in light of the clear gap and noticeable divergence in assessing its actual performance in this field. Although judicial mediation has been adopted as an alternative mechanism for dispute resolution, it continues to face numerous challenges and obstacles that may weaken its efficiency and limit its ability to achieve its intended objectives. These impediments sometimes stem from the inherent nature of administrative disputes themselves, which are often complex and closely intertwined with considerations of public interest. In other instances, they arise from the attitudes of the disputing parties and their lack of cooperation, or from shortcomings on the part of the judicial mediator in properly supervising procedures and managing the process with competence, neutrality, and professionalism. The growing interest in judicial mediation reflects a broader global trend toward modernizing justice systems and strengthening dispute resolution mechanisms through more flexible and effective approaches. Many countries have embraced this method as a supportive and complementary tool to the judiciary, contributing to the reduction of court congestion and expediting the settlement of cases. Mediation is also characterized by its comparatively lower financial costs when measured against court fees, litigation expenses, and attorneys’ charges.

This research examines modern strategies to address political and legal challenges in international justice, with a focus on transitional justice and international criminal justice. It reviews alternative mechanisms for dealing with non-cooperation, new approaches to transitional justice, and future trends in international criminal justice, highlighting the role of technology and international partnerships. The study also discusses the development of criminal responsibility concepts, adaptation to geopolitical challenges, and victim rehabilitation and reintegration programs, aiming to ensure comprehensive and sustainable justice. The research concludes on the importance of integrating judicial and non-judicial pathways to protect rights and rebuild affected communities.

The impact of the victim\'s status on determining punishment is a complex issue in criminal policy, given the interplay between protecting individual interests and safeguarding the public interest. While criminal law generally bases liability on the elements of a crime—act, result, causation, and criminal intent—the legislator may consider the victim\'s status as an aggravating or mitigating circumstance when that status touches upon values specifically protected by law, such as when the victim is a minor, a person with a disability, or a public official performing their duties. Therefore, the victim\'s status is not merely a incidental element, but rather a significant factor in the legal characterization of the act and the scope of the prescribed punishment. This ensures proportionality between the seriousness of the crime and the severity of the offense, reflecting the general and specific deterrent considerations upon which the penal system is founded. In order to be familiar with this topic under discussion, we will divide it into two sections. In the first section, we will discuss the status of the victim as an influential element in classifying the crime and individualizing the punishment. As for the second section, we will dedicate it to the procedural effect of the status of the victim in the stage of assessing the punishment.

The owner of a right is not considered to be so unless he can prove his right through evidence. The right may exist in reality, but there is no legally acceptable evidence of its existence. Therefore, the judge cannot recognize it, even though it must be respected. This leads to a discrepancy between judicial truth and factual truth, and this is not required by the principles of justice that the judiciary aims to achieve.
Each party in a civil suit has the right to prove their claim before the court, and the judge must enable them to do so through the methods prescribed by law. The determination of these methods depends on the established legal system of each country, and whether it is restricted, unrestricted, or a combination of both. A restricted legal system defines the evidence exhaustively, thus rendering the judge\'s role passive and leaving them with no discretionary power. This creates a gap between factual truth and judicial truth. As for the... Absolute proof means that it releases the evidence for the freedom of the litigants and gives the judge absolute authority in assessing the evidence, thus making the judge’s role a positive one, which leads to instability in transactions. As for the mixed method of proof, it specifies the evidence of proof in an exclusive manner, and determines the value of value of others to the judge’s discretion, thus making the judge’s role a neutral one, and thus it leads to bringing the judicial truth closer to the factual truth, and it also achieves the stability of transactions.

Administrative decision theory is considered the most important in the field of administrative law, but with the penetration of the technology sector, which has a positive impact on all aspects of human life, including legal aspects, it has become increasingly applied in the field of public administration, and new lives and relationships that previously did not exist have grown with it. before, which prompted most modern government agencies to begin transferring administrative work from the traditional reality to the electronic reality, to replace paper work, out of awareness of the importance of this development in conducting administrative work in a better way than was the case before, and this was considered an announcement. About the beginning of the birth of electronic management systems, which will have a clear impact on management and its privileges, especially electronic administrative decision-making.

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Protecting intellectual property in the digital age is a key incentive for supporting innovation, encouraging scientific creativity, and developing societies. It has become linked to all areas of life, especially the digital field. Therefore, protecting it has become an urgent legal necessity, especially in light of the rapid technological development and the ease of its exchange through cyberspace. The rapid digital transformation has led to the emergence of new forms of intellectual property infringement, such as hacking, piracy, and counterfeiting, through the exploitation of the internet using illegal methods. The issue of protecting intellectual property has gained the attention of the international community, which has concluded many international agreements for this purpose. Some of them are traditional, which have contributed to establishing the rules of protection and enhancing international cooperation, and others are modern, related to the digital environment, which aim to achieve protection and balance between the rights of creators and the requirements of making knowledge available to the public.

Globalization has led to increasing interdependence among states and has significantly influenced global policies, prompting countries to adopt liberal economic policies, restructure their institutions, and adapt to global competitive pressures. The research aimed to examine the impact of globalization on international relations and global policies, as well as to understand the transformations occurring in relations among states and in global policies as a result of globalization. The study employed the descriptive-analytical approach to describe and analyze the impact of globalization on international relations through examining changes in the global system. The study reached several conclusions, most notably that globalization has contributed to reshaping the concept of national sovereignty through the emergence of new international actors such as international organizations and multinational corporations, making sovereignty more flexible and less absolutely independent than before. Accordingly, the study recommended the need to develop effective strategies to address the challenges posed by globalization and to enhance opportunities for international cooperation and sustainable development.

The topic of climate change is a central contemporary issue that has preoccupied the entire world due to its significant and serious consequences, most notably desertification, floods, and rising temperatures above their natural levels. It also poses a threat to food security and the right of individuals to live in a sustainable and healthy environment. As a result of the legislative and executive shortcomings faced by most countries, especially developing ones, and the resulting negative impact on the climate, the administrative judiciary has played an active and important role in resolving most climate problems and addressing any negligence or dereliction of duty in protecting and preserving the climate. This is achieved through its oversight role of administrative decisions, which contributes to strengthening the principle of environmental protection and safeguarding the rights of current and future generations.

The ministerial program constitutes a fundamental pillar in parliamentary systems, as its role is not limited to being a political agenda through which the government declares its general orientations; rather, it represents a constitutional and legal commitment directly linked to the granting of confidence to the government and the continuity of its mandate. In the Iraqi constitutional system, the ministerial program acquires particular importance, as it is a mandatory requirement for the formation of the government under the 2005 Constitution. This confers upon it a binding character and removes it from the realm of a merely formal document or a temporary political speech.
However, practical reality reveals a substantial constitutional problem manifested in the weak commitment of successive governments to implementing the contents of the ministerial program, whether wholly or partially, in the absence of explicit constitutional provisions that determine the legal sanctions resulting from such non-compliance. The reliance solely on traditional political oversight mechanisms—such as parliamentary questioning and the withdrawal of confidence—has led to a weakening of the effectiveness of legislative oversight and a reduction in the practical impact of the principle of constitutional supremacy and the balance between powers

One of the most prominent challenges facing the implementation of public-private partnerships (PPPs) in Iraq is the financial risks, legal complexities, and weak regulatory environment, and the impact of these factors on the financial sustainability of the general budget. Therefore, this study addresses the legal framework for PPPs by clarifying their concept, objectives, and contracting mechanisms between the two sectors. It also examines their financial impact on the general budget in terms of reducing capital expenditures and increasing government revenues, as well as their effect on the Iraqi general budget in light of Instruction No. (1) of 2024. Through this, the study aims to demonstrate the contribution of PPPs to improving infrastructure, attracting investments, and enhancing the efficiency of public services, provided there is a clear legal framework and effective oversight mechanisms that ensure transparency and sound management of public resources. This cannot be achieved without creating a suitable legislative and institutional environment and supporting transparency and accountability to guarantee the success of partnership projects and the achievement of sustainable development goals

The main objective of the research (the crime through artificial intelligence and criminal accountability of the perpetrator) is to keep up with modern crimes in society and put the appropriate punishment for them, as well as to know the updated legislation and according to those crimes, because the technical and technological world is developing a tremendous development, not in days or months, even in moments, as well as to show the extent of human awareness while making and programming the purposes of peaceful education, and not criminal purposes, because peace and community security are required in order for the world to enjoy safety, and we believe that the crimes that occurred through artificial intelligence institutions are crimes like those committed by humans, and that is why the topic touched on all legal and legislative aspects

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The constitutionality review does not always reflect the values prevailing in the community at the time of the constitution’s issuance. If it were possible to interpret the constitution years after its application in light of the values that it witnessed, the constitution would no longer reflect concepts and values that the community no longer has a stake in. It is true to say that parliament does not express the general will except to the extent that it respects the constitution, and that the flow of opinions and ideas and their diversity is the essence of democracy, and that these new concepts crystallize a framework for a nascent democracy whose features and framework are determined by the constitutionality review body. The uniqueness of constitutions lies in their adaptability to fundamental principles in response to contemporary needs, rather than in static interpretations rooted in the past, reflecting the living constitution approach to the evolving interpretation of rights and freedoms.

The principle of due diligence is a central concept in contemporary international law, particularly within the framework of preventive obligations incumbent upon states in various fields, including environmental protection, human rights, cybersecurity, and the management of transnational risks. Despite the significant expansion in its application within international jurisprudence and case law, considerable ambiguity still surrounds its legal nature, normative content, and scope of application.
This research concludes that the effectiveness of the due diligence principle stems not only from its conceptual flexibility but also fundamentally from the availability of a minimum level of normative control that prevents it from becoming a vague concept that can be invoked in disparate contexts without clear criteria. Such control contributes to achieving a delicate balance between the preventive requirements of the international legal system and the imperatives of respecting state sovereignty.

This research addresses a highly important topic in the field of public international law, highlighting cyberattacks that target national infrastructure, damaging internet and communication networks, vital facilities, and paralyzing security, economic, and military systems. These attacks pose a significant threat to national security. The difficulty in identifying the source of these attacks or attributing them to a specific state or entity exacerbates this problem.
It has become essential to understand this new form of warfare, which now operates in cyberspace. It utilizes tools and methods representing a new generation of warfare, entirely different from conventional or nuclear weapons. The research also examines whether the provisions of international agreements and customary rules governing the conduct of hostilities apply to these attacks.

Genocide is considered the gravest crime in the history of humanity, as it does not target a single individual, but rather seeks to erase the existence of an entire human group. The global conscience, shocked by the atrocities of the wars of the twentieth century, realized that criminalizing the act after its occurrence is not sufficient to protect humanity. Hence emerged the importance of the “international obligation to prevent” as a legal duty that precedes the occurrence of the catastrophe. The obligation to prevent genocide is not merely a moral principle, but a peremptory rule firmly established at the core of public international law and the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
This study seeks to shed light on the legal framework of this obligation, beginning with its definition and legal foundations in the first section, and extending to the consequences of failure to fulfill it and the mechanisms for establishing international responsibility in the second section. We are dealing with a precise analysis of the dual responsibility arising from failure to prevent genocide: the responsibility of the state as an international legal person, and the responsibility of individual leaders as perpetrators who neglected their duty. Research on this subject is of utmost importance in light of the armed conflicts and major political transformations the world is currently experiencing, where there is an increasing need to activate international judicial accountability mechanisms to ensure that the obligation to prevent does not remain merely ink on paper.

Patient rights are among the rights that health institutions and doctors must adhere to, as mandated by law. One of the most important of these rights is the patient\\\\\\\\'s fundamental right to choose their treating physician. Furthermore, the patient has the right to change doctors or seek alternative medical opinions. The patient is also fundamentally independent in accepting or rejecting treatment and procedures. The purpose of granting these rights is to ensure reliable treatment and to transition the patient from a state of illness to recovery and well-being. Accordingly, the Kurdistan legislature issued the Patient Rights and Duties Law No. (4) of 2020. However, it lacks amendments to some of its provisions, which lead to conclusions and recommendations, most notably: criminalizing violations of patient rights and specifying penalties for them within the aforementioned law; allowing the patient to seek the opinion of any doctor they choose; requiring the patient to provide written consent for refusing treatment; and informing the patient of the consequences of refusal. All of this is necessary to align the law with modern legislative developments in the medical field and to provide optimal patient care.

The rapid development of information and communication technologies has led to the emergence of what is known as the digital economy, in which digital platforms have become one of its fundamental components. These platforms play a central role in organizing interactions between users and enabling them to exchange goods, services, and content within the electronic environment. The widespread use of digital platforms has led to significant transformations in the nature of economic and commercial transactions, giving rise to several legal issues related to regulating their activities and determining the obligations arising from their operation. This research aims to clarify the legal framework governing digital platforms within the digital economy by explaining the concept of digital platforms and identifying their essential characteristics, as well as distinguishing them from websites. In addition, the study examines the main legal obligations imposed on digital platform operators. The research adopts a comparative analytical approach through the analysis of legal texts and jurisprudential opinions related to digital platforms. It also compares the position of the Iraqi legislator in the Framework Regulation for Digital Platforms and Digital Services (2025) with the position of the Saudi regulator in the Regulations for Providing Digital Content Platform Services issued by the Communications, Space and Technology Commission Decision No. (505/1445) of 2024, as well as the European Union Digital Services Act Regulation (EU) 2022/2065.

The emergence of artificial intelligence programs represents a qualitative leap in the technical and technological field, as humans now rely on the information provided by these programs as a primary source, not merely an aid, in decision-making. However, despite their development, these programs may provide their users with information that causes them harm because it is erroneous, inaccurate, or misleading. Given that the harm, in advanced assumptions, stems from a newly developed technology, an urgent need arose to discuss the optimal legal basis for civil liability for informational harm caused by artificial intelligence programs. Some jurists turned to discussing the traditional rules of civil liability to determine their suitability as a basis for such liability, while others proposed modern theories and rules as modern foundations for the aforementioned liability. The multiplicity of these opinions was reflected in the positions of legislations, which differed in their stance on the optimal basis for establishing civil liability. Since the issue has not received specific legal regulation in Iraqi law, the idea for this research arose to analyze the jurisprudential opinions and legislative positions related to the basis of this liability in order to arrive at identifying the optimal basis for it to be adopted by the Iraqi legislator.