AL-ANBAR University Journal of Law and Political Sciences

The legal system in the digital age is undergoing profound transformations as a result of rapid technological advancements, with digital evidence emerging as a fundamental component of judicial proof. This type of evidence encompasses a wide range of data produced, stored, or transmitted through electronic media, ranging from emails and text messages to the complex outputs of artificial intelligence systems. This new reality has reshaped the concept of legal proof, which is no longer confined to traditional means but now requires a comprehensive legal and technical framework capable of accommodating the nature of digital evidence and ensuring its effectiveness in court. While technology offers unprecedented opportunities to document facts with accuracy and objectivity, it simultaneously raises critical challenges regarding the admissibility of digital evidence, its technical reliability, and its protection against manipulation, in addition to issues of privacy and legal responsibility associated with its use. These challenges become even more pronounced with the growing reliance on artificial intelligence, which introduces new questions about the extent to which its outputs can be accepted as judicial evidence and whether they possess sufficient credibility and neutrality. This research aims to provide a comprehensive analytical perspective on the role of digital evidence within the modern judicial system, highlighting the urgent need to develop a balanced legal framework that embraces technological transformations while safeguarding fundamental rights and freedoms. Such a framework would reinforce trust in justice in the era of digital transformation.

With the expansion of large industrial companies, they became unable to distribute their products themselves. Therefore, they resorted to using commercial agents to perform this role on their behalf in exchange for a commission. For the agent to do so legally, they must be granted a commercial agency license. However, this requires meeting a set of controls and conditions. Failure to meet any of these conditions results in the revocation of the license, as part of the state's oversight of its activities, which extends beyond the initial licensing stage.

Artificial intelligence (AI) applications are the backbone of modern life, permeating all aspects of existence, particularly in the management of security institutions. These institutions, being service providers, are obligated to deliver essential services to members of society. The use of AI applications is crucial due to their unique characteristics and advantages, which alleviate numerous human challenges. Consequently, their application has increased significantly in recent times, especially within security organizations. This has led to a surge in the production of smart devices, machines, and systems by specialists, who have further developed these devices to the point of making them more human-like. This development in smart devices and the increased demand for them have significant legal implications. Therefore, it is essential to establish a legal framework that defines the concept of AI applications, clarifies the nature of these applications, highlights the intended benefits of their use, and addresses liability for damages caused by these internally and externally developed systems and machines. Currently, Iraqi legislation does not explicitly define the concept of AI and its role in achieving public security.
The most important finding of the study is that artificial intelligence applications play a vital role in organizing public security in Baghdad. This is achieved by utilizing these applications for intelligent monitoring and analyzing data and behaviors to improve the sustainability of this security apparatus. The most important recommendation of the study is to urge security agencies to increase the knowledge of their personnel regarding artificial intelligence applications to achieve the highest level of security.

The procedures of international treaties from negotiation, signing and ratification must be carried out by the competent authority under the rules that regulate this subject in international and domestic law, and since international treaties fall within the foreign policy of the state, they are the competence of the authority that has to conclude them at the international level, i.e. the executive authority within the state, since the federal state includes more than one internal authority, here there is a need to determine the competent authority to conclude international treaties in it, and then indicate the restrictions and principles that are affected It includes federal states, including Iraq, and its impact on the competent authority to conclude international treaties.

Public service is a social service and a sacred trust, so it is necessary to provide legal protection for the public employee after the harassment behavior occurs against the public employee and occurs during the performance of his job duties or in connection with the performance of them, i.e. because of them, from proving the occurrence of the crime against the female employee victim, i.e. the occurrence of the behaviors that constitute this crime, as mere words and rumors are not considered, but rather the female employee victim must provide all the evidence that proves this, with the help of the testimony of her colleagues at work and the help of paper and electronic messages and electronic recorded voices.
The administrative official may not perform his job duties, nor work in accordance with the sanctity and ethics of proper and sound work, by using his powers and privileges to pressure some of the subordinates and employees working in his department and institution by committing the crime of harassment in the workplace. When there is no response, the administrative head imposes disguised penalties, or forces them to perform work outside their jurisdiction, or transfers them to another department. All of these actions will expose the public employee during or because of the performance of his job to harassment. These behaviors may be practiced by other people who come to those government departments and administrative institutions and commit the crime of harassment against public employees, violating all moral and religious values, as well as against the law, and they are punished and held accountable. Moreover, the legal texts, in addition to the legislative shortcomings in addressing the act of harassment of public employees due to the absence of specific texts to address the crime of harassment, can be referred to the general provisions in the Iraqi Penal Code in order to encompass these crimes and impose the penalties specified for them. All shortcomings and deficiencies in the legislative system are being addressed, in addition to the increasing phenomenon of harassment in the field of public service against public employees during or because of the performance of their job duties.

The issue of determining the legal nature of the contract of adhesion is one of the issues that occupied a space in legal jurisprudence, and from this dispute trends have crystallized about determining the legal nature of contracts of adhesion. Despite this, the French legislator did not address the contract of adhesion in its legislation despite the passage of nearly a century since the writing of the French Civil Code. However, in the last amendment to the Contracts Law of 2016, it addressed the organization of contracts of adhesion, and defined their concept and provisions. Since this contract is not preceded by full negotiations by one of the parties to the contract; because the contract is drafted in advance by the other party to the contract, the question arises about equality between the contracting parties and the extent to which it is achieved in such contracts, We also note that the Iraqi and Egyptian civil law did not define the contract of adhesion precisely. If the professional attribute is added to adhesion, the matter becomes more problematic in determining the nature of these contracts.

The state possesses diverse assets, which may be fixed assets or movable assets. Regardless of their type, these assets are divided into two categories: public assets, also known as the public domain, and private assets, also known as the private domain. Generally, public assets owned by the state are subject to the provisions of public law, unlike private assets owned by the state, which are subject to the provisions of private law. However, private assets owned by the state are exceptionally subject to the provisions of public law in cases stipulated by law. One such case is when the legislator equates them with public assets in the event of an encroachment upon them. In such instances, the competent authority, as defined by law, is empowered to issue a decision to remove the encroachment, exercising its public authority without resorting to civil courts to remove the encroachment.
State funds, in general, play a significant and prominent role in the development process of any country in the world. This concern has been present in the consciousness of nations since ancient times and has garnered the attention of human civilizations, both ancient and modern. A state's strength and dominance are often measured by its real estate holdings. The sale of state real estate is considered one of the broadest and most important real rights that the state has possessed throughout history. Due to its crucial role in achieving development and prosperity, this right is no longer limited to natural persons but has become a recognized right for legal entities that possess public authority, allowing them to exercise all permissible actions regarding these assets

This research addresses the issue of the invalid marriage contract and the legal consequences that may arise from it, despite the general rule that an invalid contract produces no legal effects. In particular, it examines the extent to which the principle of justice influences the recognition of such effects. Undoubtedly, identifying the role of justice in these contracts necessitates first distinguishing between the two types of invalid contracts—void and voidable—as classified in the Hanafi school of Islamic jurisprudence, which is credited by some scholars with differentiating between these two forms specifically in the context of marriage contracts. Furthermore, this inquiry requires an analysis of how this distinction is reflected in Iraqi legislation. There is no doubt that Islamic jurisprudence recognizes certain legal consequences for invalid marriage contracts, and this reality must be reflected in personal status law, given that Islamic Sharia constitutes its historical, substantive, and formal source. However, investigating the rationale behind the attribution of such effects—whether in cases of void or voidable marriage—requires thorough scholarly analysis, especially considering that the majority of contemporary legal and jurisprudential studies either remain silent on the matter or address it only briefly. This is similarly the case with personal status laws, which have largely left this significant issue to the discretion of jurists and the judiciary. As a result, this has opened the door to inconsistent and divergent judicial rulings on similar matters, a situation that must be mitigated as much as possible.
This study adopts a descriptive, analytical, and comparative methodology in examining jurisprudential and legal texts, with the aim of reaching a coherent legal perspective that balances the principle of justice with the legitimate interests of affected parties.

Turkeys interest in the African continent increased after the Justice and Development Party came to Power, Formor than Two decades, it has been working to strengthen its presence in Africa, especially the Horn of Africa, despite internal and external challenges, Since 2005,Turkey has begun building long- term influence, far from the classic models of power .Instead of direct intervention or neo-colonialism, Turkey presents practical projects that achieve its interests and do not contradict the interests of other countries, nor impose exorbitant political costs on them. This is within a well- thought- out strategy based on a number of tools , manifested in the blending of security, economic ,and military partnerships with its soft Power and in the development of its economic, investment, and trade relations with the countries of the Horn of Africa.

Given that the fundamental nature of a lease contract is that it is an obligatory contract that cannot be revoked except by a statutory provision or mutual agreement, the occurrence of excuses affecting one of the parties, whether stemming from the contract's inception or during its execution, may render such execution burdensome. This necessitates a departure from the binding nature of the contract to alleviate the harm resulting from such an excuse. While the theory of force majeure is limited to general circumstances, it calls for legislative intervention regarding potential special excuses that may affect the contracting parties.
The Iraqi legislator has drawn upon the concept of excuses from Islamic jurisprudence, balancing the various Islamic schools of thought regarding the acceptance of excuses. These schools have not reached a consensus on the acceptance of special excuses, with some broadly recognizing them as grounds for termination while others limit their scope. Consequently, the Iraqi legislator's approach to excuses is a blend of different legal doctrines, permitting the termination of a lease due to the tenant's financial incapacity, while not categorically allowing termination upon the tenant's death. Similarly, the landlord's need for the leased property does not automatically result in the lease's termination unless previously agreed upon.
Moreover, the Iraqi legislator has taken precautions regarding potential damages arising from the termination of a lease contract before its expiration, which may affect the other party still committed to contract execution. Thus, the legislator mandates that the party seeking termination must compensate the other party, requiring that the compensation be fair and considerate of both parties' circumstances. Additionally, the party seeking termination is obliged to adhere to notice periods for eviction, ensuring that the other party, acting in good faith, is not caught off guard.

The digital age has brought about a significant and clear transformation in the nature of international wars. War no longer relies on the use of military force or aims primarily at territorial control, as in past centuries. Rather, artificial intelligence technologies have contributed to the emergence of what is called "wars of consciousness," which directly target the human mind and perception, influencing individuals' behaviors, attitudes, and understanding directly. They target the internal structure of society by weakening trust and inciting divisions of all kinds, and work to reshape the consciousness of individuals and groups to achieve political or ideological goals, relying on the use of many smart digital technologies.

This study derives its significance from the intrinsic value of children in nation-building, focusing on the 'right to healthcare' as a fundamental legal and national entitlement that must be guaranteed free of charge and in accordance with the highest quality standards Although the legislator has addressed physical and mental health aspects within general legal frameworks and dedicated specific provisions to children, reality indicates that this right remains one of the most vulnerable to violation. This is primarily attributed to the weakness of oversight mechanisms and the fragmentation of legal protection across scattered legislative texts that lack thematic cohesion Accordingly, the study recommends the urgent enactment of a unified and comprehensive Child Rights Law that provides a precise and inclusive definition of the child. It also emphasizes the necessity of extending health protection to include the 'fetal stage,' as it represents the cornerstone of the child’s future health, and calls for incorporating this stage into the legal scope of childhood to ensure integrated care starting from the very first moments of conception

Climate change is one of the most prominent challenges facing countries around the world today, transcending the environmental dimension. Climate change significantly threatens societal peace and political stability in countries, particularly fragile states or those emerging from armed conflict. In this context, the need for climate justice becomes clear as a legal and ethical framework that links environmental protection, human rights, and sustainable development. Public administration, as the entity entrusted with implementing environmental policies and charged with the responsibility of environmental administrative control, plays a fundamental role in achieving this justice. This administration possesses the tools granted by law to confront such challenges through means that contribute to achieving societal stability, which in turn positively affects peace building.

Statelessness is one of the most important issues in the scope of private international law, due to the significant negative effects it has on a stateless person in all aspects of his life in society. However, the issue becomes more complicated and its severity increases when the statelessness is related to young children. The negative effects surrounding them due to the lack of statelessness are not limited to the family and social sphere, but extend to the security sphere, as this age group becomes easy prey for exploitation by organized gangs through their use and exploitation in various ways and forms to implement their organized criminal plans.The legal legislations of countries have been accustomed to developing laws that address all types of child exploitation, and Iraq is one of these countries. Therefore, we discuss the subject through two chapters in which we explain the concept of the child in general and the stateless child in particular, the methods of his exploitation and the means of legal protection to prevent his falling into exploitation in the armed conflict.
Citizenship constitutes a document of protection for its holder. It is not merely a civil identity defining an individual's identity within society. Rather, it is a guarantee of the protection of all their rights under national and international legislation, and a legal framework for security monitoring and tracking should the individual fall into the realm of criminal danger, especially if the victim of this danger is a child who is unable to protect himself or confront his exploiters. In this research, we demonstrate the effectiveness of the role played by private international law in focusing on the negatives of statelessness, and we clarify the limits of the legal guarantees necessary to limit its cases. National legislation in countries, including Iraq, has been keen to establish mechanisms and means of protection, which we focus on in the Iraqi Constitution of 2005, the amended Iraqi Nationality Law No. 26/2006, the amended Iraqi Personal Status Law No. 188/1969, and other penal laws related to the research. The effects of private international law also appear in the legislative reference when determining the law applicable to criminal cases in which the victim is a stateless child, or when determining the competent court to consider a criminal exploitation case. Therefore, we present the research in order to know the sufficiency of the legal texts contained in these legislations or not to protect the stateless child from exploitation in all forms of organized crime.

One of the most recent ideas in international relations is the idea of cyber policies, which constitute a fourth domain of international relations in addition to the land, sea, and air domains. Furthermore, it has emerged from the evolution of internet networks and information technology over their many phases. In light of the growth of technological power enforced by international reality, cyberspace has developed as a new arena in international relations that affects its conceptions, particularly after the collapse of military power and the creation of alternative power tools represented by hard, soft, and smart power. The competitive nature of cyberspace between non-state entities and governments, or between states themselves, has made it a significant factor in international affairs. As a result, in an effort to accomplish their disparate objectives, several factions have competed with one another for control of the cyber force's capabilities. Accordingly, there is now less control over cyber capabilities in general, so technological advancements now primarily influence international relations, and the cyberspace power system is dependent on electronic weapons and a technological framework. Because of this, there are risks for both people and states associated with the ongoing frequency of cyberattacks between various international entities and the race to acquire cutting-edge technologies for electronic weapons, particularly in light of the occurrence of grinding wars between nations to further the interests of great powers. That means , in order to maintain peace and human security, a comprehensive international reaction is now required to challenge and end such wars.

Delegation is considered an administrative act according to the law. The person with the original competence entrusts part of his powers to one of his subordinates, under his supervision and control. This means that delegation is from a higher party to a lower party. The mandate takes place in view of the complexity and increase in the tasks of the central public authorities, in an attempt to control them and confront the various challenges and crises that they are facing in order to manage the public facility in the correct manner.
Under the constitution, federal authorities in the country can delegate a portion of their powers for various purposes, including providing subordinates with the opportunity and confidence to demonstrate their competence, exert their efforts, and offer their contributions and professional expertise. Delegation distributes job duties, reduces the burden on higher public authorities, and saves time and costs. It is for a specific period of time, for specific individuals, and has specific, original powers, not delegated, as they are considered an exception to the rule.
The same applies to the delegation between the federal authorities and the local administrations in the governorates not organized in a region. It must be within the legal contexts, and even more strongly emphasized, since these authorities exercise powers of great importance and cannot be delegated without legal controls that regulate them to avoid falling into problems that may not be possible to control. However, this delegation, which is stipulated in the Constitution in Article (123), is vague and raises controversy from several aspects; therefore, we decided to study it in an attempt to find ways to address this ambiguity

The digital economy is a system of an international dimension whose prominence emerged at the end of the last century and continues to constitute a major field of scholarly debate. It is founded on a conception that integrates digital technologies into economic activities in order to capitalize on the advantages offered by digital transformation, including the use of the Internet, artificial intelligence, the Internet of Things, cloud computing, and other technologies, as well as the extensive accumulation of data to drive international relations and achieve a rational balance between the production and consumption of goods and services. The world has become rapidly transformative, and states are therefore required to keep pace with digital development with greater flexibility, particularly with regard to their policies aimed at lowering the ceiling of ambitions associated with the desire to manage their affairs in isolation from external interventions, and at adapting their legislation to benefit from opportunities for expanding economic activity and accelerating growth that supports innovation and secure competition. Accordingly, this qualitative study adopts the content analysis method and the case study approach to analyze data derived from reports, books, and academic research, in order to emphasize the importance of digital transformation in the lives of states and to encourage the introduction of certain updates to the mechanisms governing economic activity so as to align with these developments, particularly in Iraq, starting from the enactment of new legal frameworks to the amendment of existing legislation, with the aim of protecting citizens’ data, as well as the data and rights of national and foreign companies operating within its territorial boundaries, through narrowing the economic gap between developed and developing countries and between urban and rural areas within the same state.

Given the importance of Tolerance in the political life of societies with diverse cultures, ethnicities, and religions, and its role in building a unified, cohesive, and prosperous society, this research addresses this concept by providing a theoretical overview of tolerance and its types. This concept can be defined simply as accepting others, recognizing their rights and freedoms, and finding common ground for coexistence. Regarding the types of tolerance, several can be categorized in different contexts, such as tolerance based on what is being tolerated, the entity practicing tolerance, the sphere in which it occurs, its purpose, and its frequency and entrenchment.
The research then attempts to present and analyze this concept from the perspective of one of the most prominent modern Islamic intellectual and political figures, Alija Izetbegović. Tolerance was embodied in his behavior, actions, and ideas. He led his people through the darkest of times, confronting the genocide of Bosnian Muslims before the eyes of the world. His steadfastness, along with that of the Bosnian Muslims, compelled the international community to intervene and stop the war. Ali Izetbegovic remained tolerant and did not harbor resentment or hatred within himself, not out of leniency or weakness, but because tolerance was a central and ethical concept for him, stemming from his faith, thought, and political philosophy.

The research conducted through which the study of alternative means of settling disputes related to electronic administrative contracts has led to demonstrating the effectiveness of alternative means and considering them the issue of the era, they have undoubtedly entered the arenas of life and replaced the judiciary in resolving many disputes that may arise, most notably disputes arising from electronic administrative contracts.
Without a doubt, electronic administrative contracts have become one of the most important and prominent legal means that technology has radically changed, the public administration in the state resorts to them in order to achieve its goals, most notably achieving public benefit and security and providing the best services to the public.
They began to circulate and spread after the transformation witnessed by every country in its public facilities and administrations, in addition to their spread among the countries of the world, due to the distinction of these tools and the great facilities and public services they provide to all individuals, countries, or companies.
At the stage of their conclusion or implementation, they generate or arise during those stages, disputes regardless of their type and cause, in order for the parties to avoid these disputes, they resort to amicable alternative means instead of the judiciary slow litigation procedures and their high costs, due to the high confidence in them and the neutrality, independence, fairness, and speed of these means in resolving and settling disputes, in order to save time and effort, save costs, achieve justice in judgment, and instill a spirit of cooperation and trust between the parties.
As a result of the development that has occurred in them since ancient times until the present dey, for these reasons many comparative legislations have tended creating alternative methods or means for settling disputes related to electronic administrative contracts, based on this, it has become necessary, indeed obligatory, for legislators, most importantly the lraqi legislator, to advance the work of organizing special legislation related to electronic administrative contracts and the means of resolving them, and to keep pase with the developments witnessed by the word, especially at the level of legal legislation.

There is no doubt in the practical reality of the increasing interest in renewable energy contracts, especially as the use of this energy by individuals has become a substitute for non-clean energy. This issue is not limited to a particular community, but has become a requirement for all societies, as renewable energy has become common in homes, businesses, and beyond, which has increased its importance. Despite this significance, civil law jurisprudence has not recognized it and has not addressed it in research discussions. Therefore, it is necessary to question the applicability of these contracts within civil law and whether they fall under the general theory of contracts. In this regard, we elaborated on the concept of these contracts and their civil nature from one perspective, From another perspective, we discussed the characteristics, rights, and obligations that emerged from the results of their implementation. We addressed the positions of the Iraqi and Egyptian legislatures regarding these contracts within the framework of analysis and comparison. We found that the Iraqi legislator did not address the regulation of these contracts, and the Iraqi Civil Code is lacking in the regulation of renewable energy contracts. In this regard, it follows the same path as the Egyptian legislator. Therefore, we hope that both the Iraqi and Egyptian legislatures will establish a clear approach to the nature of these civil contracts and affirm them.

This analytical study aim at the legislative jurisdictions of the Iraqi House of Representatives and its Law No. 13 of 2018 to clarify the nature of these jurisdictions and their harmony with the constitutional texts, as well as their application of these texts in its internal regulation and scope of effectiveness of the Federal Supreme Court’s oversight of Parliament’s enforcement of its legislative jurisdiction . The study shows that the parliament has added to its jurisdictions a power that may be appropriate in managing its internal affairs within the issuance of legislative decisions. However, this jurisdiction in its general framework it does not become but an action devoid of any supposed legal principle for the law in its general sense, which takes this matter out of its natural course in exercising legislative work. The Federal Supreme Court upheld in its ruling that indicated Parliament’s commitment to the provisions of the Constitution

Artificial intelligence is a relatively new term in the legal field and the fruit of decades of human efforts to develop an intelligence that mimics our own intelligence and unique mental abilities, enabling us to improve and develop our living conditions. While artificial intelligence is a form of technological progress, it raises numerous legal issues, particularly regarding the suitability of current legislation and its ability to accommodate the unique characteristics of this modern technology. The study relies on a descriptive approach through definitions and concepts specific to artificial intelligence technology, as well as an analytical approach to examine the various opinions and positions on the subject\'s problems, as well as an analysis of legal texts. This research is divided into three sections, preceded by an introduction and ending with a conclusion that includes the most important findings and recommendations.

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Logic dictates that many laws need amendment. Legal rules should not be rigid, but rather must evolve and change according to the needs and requirements of society. Among the advantages of legislation are its clarity and precise drafting, in addition to its important impact on the development of society through the issuance of laws by the competent authority, representing the conscious will of the members of society. Rigidity is the enemy that we must strive to combat by enacting and amending legislation to reform society and complete the deficiencies in existing legislation. However, when it comes to the Personal Status Law, we find that it has undergone numerous amendments, reaching the point of abolishing its application for a segment of Iraqi society. Efforts to completely repeal this law are still ongoing. The recent political circumstances in Iraq have led to a serious conflict within the legislative authority between repealing or maintaining this law, with the aim of targeting it being based on Article (41) of the 2005 Iraqi Constitution. Thus, the conflict here is between legislative flexibility and legislative stability. Stability is crucial for protecting family security, although it is a principle followed in investment projects. We believe that investing the state's resources, through the legislative authority, in protecting the rights of family members, and children in particular, is one of its most important responsibilities. On the other hand, the ability to amend and develop laws indicates the development of society and its ability to keep pace with evolving needs. This research sheds light on the new regulations governing custody and the amendments contained in the Code of Sharia Rulings on Personal Status Matters according to the Ja'fari Shi'a school of thought, which is an appendix to Law No. 1 of 2025, amending the Personal Status Law No. 188 of 1959.

Compensation for damages caused by a private school requires that the damage be certain to occur or foreseeable in the future, excluding hypothetical or uncertain damages, The damage must be direct, resulting from the school’s act or negligence, while indirect or consequential damages are not compensated, Additionally, the damage must be predictable and reasonably foreseeable at the time of the act causing it, These conditions ensure precise determination of liability and protect the rights of the student and their guardian according.

This research examines the effect of qualified silence on the expression of will in Iraqi civil law, as one of the precise issues within the general theory of obligations, due to the legal problem it raises regarding whether legal effect may be attached to a passive stance such as silence. The study begins by clarifying the concept of expressing will and the place of silence among the means of expressing it. It then defines qualified silence and distinguishes it from mere silence, characterized silence, and implied expression, while also addressing its legal nature.
The study concludes that the general rule is that silence is not attributed any legal statement; therefore, mere silence does not, by itself, amount to an expression of will. However, an exception exists in the form of qualified silence, namely silence surrounded by circumstances, indications, and contextual elements that make it capable of revealing an intention of acceptance or consent. The study also shows that the Iraqi Civil Code adopts this approach by providing that silence, where there is a need for clarification, may be deemed acceptance, and by giving specific examples such as prior dealings between the contracting parties, an offer made solely for the benefit of the offeree, or the buyer’s silence regarding the conditions contained in the invoice after receiving the goods.
The study finds that the principal field of operation of qualified silence is contractual acceptance rather than offer, and that determining its meaning remains linked to the circumstances of each case and to the trial judge’s discretionary power. It recommends clearer legislative and judicial regulation of the phrase “silence where clarification is required” in order to ensure greater certainty in application and to avoid undue expansion in attributing intention to a silent party.

This research looks into the policies of higher education in the Kurdistan Region of Iraq from 2003 to 2023, emphasizing how quantitative measures developed and the limitations affecting the sector. A mixed method approach was taken, incorporating both numerical data and descriptive analysis, to assess the important changes that have taken place in both public and private universities due to shifts in the political and economic landscape. The findings indicated that there was a considerable increase in the number of universities and students in higher education; however, this growth did not result in improvements in the quality of education or the effectiveness of the outcomes. It also highlighted that the sector struggles with fundamental issues related to funding, personnel, facilities, and management oversight. The study suggests that more practical policies should be implemented that prioritize quality and connect higher education to long-term development and the needs of the job market.

This research addresses the topic of (legal regulation of barcodes in Iraqi legislation), which is considered a manifestation of modern information and communications technology witnessed in developed countries, which is of great importance due to the advantages and characteristics that this technology has that prompted many government agencies to adopt it in issuing their documents that carry the barcode. By scanning it, it is possible to verify the authenticity and integrity of the document that it carries, so the document that carries it has become of a special nature between the electronic document, which is electronic in its content, reading, and signing, and the paper document, which is a traditional paper document in terms of its physical presence, but it supports In an encrypted image (barcode) to ensure its integrity using electronic technology using a scanner,Then, this research addresses the technical and legal aspects of barcode technology to come up with important proposals and recommendations in establishing an effective legal framework for barcode technology in Iraqi legislation.

The right to litigation is of paramount importance in international law, as most declarations and agreements on human rights have emphasized it. Within the framework of international humanitarian law, we find the Geneva Conventions of 1949 prohibiting attacks on it during armed conflicts, while the Rome Statute of the International Criminal Court criminalizes any act that violates the right of individuals to litigation, whether they are civilians or prisoners of war. However, despite this, this right is often violated by leaders and subordinates, and their actions constitute an international crime in international criminal law that warrants international responsibility.

The topic under discussion concerns the issue of renewing the jurisprudential perspective on the study of marriage contract matters, in light of the validity and role of the spouses' will in terminating this contract. It has become clear to us that the marriage contract is almost a system into which the will intervenes, with it possessing certain powers that can modify some of the consequences of entering into this contractual system. Among the resulting consequences are the means by which this contract is concluded, the party entitled to it, the mechanism for terminating it, its timing, the possibility of retracting it, and the possibility of resuming the contract. We have concluded that the role and validity of the will are restricted in some of these matters in a way that nullifies its role, as in the issue of the woman's will in pronouncing divorce unless it is delegated. However, it is granted an intermediate role if it is delegated, in addition to the possibility of granting it an absolute role, as in the issue of delegation.

In this article I discuss possible applications of some of these advanced AI technologies in the peace building and conflict resolution field. Second, AI can lead to new concepts of peacebuilding like creating conflict transformation and cooperation between dissimilar parties/actors. But AI can help to assimilate such large volume of data in making communication more real time it is practicable that it could encourage dialogue and the building of consensus in conflict situations which might enable better peace dividends. AI tools promote greater inclusion because there are so few physical barriers such as those imposed by traditional dialogue processes and therefore more voices can be brought more easily into the process of building peace.
Working on the statistics, analysis and simulations offered by the AI technology, it is possible for these actors to adopt proactive strategies to solve conflicts in short term/offer sustainable and resilient long-term solutions on stricken communities. The paper will call for the responsible use of opportunities "born" out of AI for peace, stating that it has to find a “balance” between commercial opportunities and risks associated with AI. If done responsibly, leveraging AI for peacebuilding could fundamentally change the way in which peace is built and achieve a more sustainable and equitable end to conflict. And we need to develop a regime, right now, to maximize all of the good that AI will produce and minimizing the harm it can do while promoting its potential for peace, in common cause with other emerging technologies. This would entail a set of comprehensive policies to control ethical use of AI in conflict resolution, developing trusted relationships among stakeholder groups and accountability related to the use of AI tools in support of peacebuilding.

This research addresses the issue of voter bias from a legal perspective. We have identified a set of violations that lead to bias. These violations range from cases of bias during the nomination period, such as the crime of threatening and using force against voters or specific candidates, including preventing them from exercising their right to campaign, to the exploitation of public funds and sovereign positions, and the use of public facilities for campaigning. They also include cases of bias through parliamentary activity, such as the expiration of the constitutional term of the parliamentary session while the parliament continues its work without justification, as well as bias through the absence of members from sessions of the council and its parliamentary committees. We have also addressed these cases from the perspective of legislative and constitutional texts, and reinforced them with the established judicial principles established by the Constitutional Court, which have contributed to addressing these cases..

The purpose of writing this research is to solve an important problem in the society and coming out with some recommendations and results to contribute in building the society.
The highly increase in orphan number makes realization of the importance of discussing this matter. As it's known this increase is caused by war and the terrorist gangs of ISTS. So the protection of the society from such serious matter is the base of this research and paying the attention to activating law related to it. The research is summarszed in three parts mentioned the role of Islamic law.
With the addition of some international laws and Iraqi laws with the results, recommendations and the references used i.

The research addresses the legal classification issue of the crime of assault on property using hypnosis, with the fundamental question revolving around classifying this act as either Theft or Fraud, in light of the inadequacy of the provisions of the Iraqi Penal Code No. (111) of 1969. The methodology relied on analyzing the psychological effect of hypnosis to determine the degree of vitiation of will of the victim. The research concluded that the legal classification hinges upon this degree: if it leads to the complete absence of will, the act is classified as Theft; if it leads to a defective will, it is difficult to classify it as Fraud due to the Iraqi text's limited scope. It is therefore concluded that the inadequacy of traditional texts necessitates an urgent legislative intervention with a special provision, along with the imperative use of technical expertise to determine the exact effect of hypnosis.

This research examines the use of blockchain technology in preserving and proving civil evidence within the legal judicial system. The study discusses the concept and operation of blockchain technology, highlighting how it can be used to document digital evidence, enhancing transparency and security in legal proceedings. The research also addresses the legal and technical challenges that arise when implementing this technology in judicial systems, along with exploring successful international experiences. In conclusion, the study offers various suggestions to improve the legal and legislative framework related to blockchain and its application in civil cases, focusing on data protection and privacy

On February 24, 2022, Russia launched a military campaign against Ukraine. In response to the war, the West imposed many economic sanctions on Russia. This war had many repercussions on the international and European reality. Russia possesses an energy force that most European countries rely on. Therefore, it is certain that the Russian-Ukrainian war will have an impact on the European energy reality. This has made European Union countries work closely on measures aimed at adapting to rising prices and scarcity of supplies. Energy prices have risen significantly in the European Union in particular and the world in general, especially fuel prices in the wake of this war, which has raised concerns about the security of gas supplies to many people. The member states of the European Union have greatly exacerbated the situation. The danger lies in the fact that the weather is extremely cold this winter, coinciding with the decline in energy, then governments may decide to give priority to their citizens over their neighbors, and the European Union will then be in a very bad situation, and this is what we find happened with the beginning of the emergence of and the spread of the “Corona virus”.

The environment is recognized as one of the essential human rights necessary for the survival of humans and all living organisms. Despite its vital importance, it continues to face serious and persistent violations, both in times of peace and during international armed conflicts. This research addresses the legal and practical challenges associated with protecting the environment within the context of international armed conflicts.
lthough international humanitarian law includes provisions aimed at limiting environmental damage during war—such as the Geneva Conventions and the 1977 Additional Protocol I—these rules are often insufficient or disregarded in practice. The study seeks to analyze the effectiveness of relevant international legal instruments and examines major cases where systematic environmental destruction occurred as a result of military operations, including the Vietnam War, the Gulf War, the Iraq conflict, and the war in Ukraine.
The research also discusses the extent to which states and military leaders can be held accountable for environmental violations under the current international judicial system, particularly the International Criminal Court. It concludes that the environment remains highly vulnerable during armed conflicts, either due to the lack of political will to respect international legal norms or because of weak enforcement mechanisms.
The study offers several recommendations to strengthen environmental protection during warfare, including integrating environmental issues into the jurisdiction of the International Criminal Court and updating international humanitarian law to provide clearer and more stringent environmental protections. Overall, the research evaluates the international legal framework governing environmental protection during international armed conflicts and assesses the effectiveness of current legal rules in reducing environmental harm caused by military operations

Artificial intelligence (AI) represents one of the most significant technological transformations of the contemporary era, bringing about a qualitative shift across economic, social, and legal sectors. Its applications have increasingly permeated everyday life, ranging from robotics and autonomous vehicles to e-commerce systems and data management. However, this rapid development has also generated complex legal and criminal challenges, particularly with the emergence of new forms of crimes known as AI misuse crimes. These crimes are characterized by ambiguity and difficulties of proof, placing legislators and judicial authorities before unprecedented dilemmas.
The Iraqi legal system still lacks a comprehensive legislative framework capable of addressing the challenges posed by these crimes. The existing provisions of the Penal Code No. (111) of 1969—despite their importance—remain limited and insufficient to cover the various manifestations of technological misconduct. The analysis revealed that certain articles, such as Article (286) concerning the dissemination of false information, Article (432) on defamation, and Article (456) on fraud, may partially apply to some forms of crimes arising from the misuse of AI. Nevertheless, they do not address the core of the phenomenon in a way that ensures effective protection of rights and freedoms.
The study further demonstrated that criminal liability resulting from the misuse of AI applications raises profound challenges regarding the identification of the principal perpetrator, especially when intelligent systems are capable of making quasi-autonomous decisions. This situation calls for a reconsideration of the concepts of fault and mens rea in traditional crimes, and for exploring the possibility of adopting presumed liability or strict liability as mechanisms to overcome evidentiary difficulties.
On another level, the research examined the role of the Iraqi legislator in confronting this phenomenon, showing that legislative efforts remain partial and limited. Iraqi legislation has not yet established a specific regulatory framework for cybercrimes linked to AI, relying instead on a few draft laws that have not come into force. This underscores the need for modern criminal provisions that keep pace with technological developments and clearly define liability, in line with comparative legislations that have begun to codify the use of AI and regulate its risks.
Accordingly, the study concluded that the Iraqi legislative response remains delayed compared to the scale of risks associated with AI, and that there is an urgent need for a comprehensive criminal vision that combines legal deterrence with technical prevention, thereby maintaining a balance between encouraging innovation and protecting society from criminal deviations.

This research addresses the phenomenon of digital drugs as one of the emerging crimes resulting from rapid technological development. It highlights the serious social, psychological, and health consequences of digital drugs, particularly for youth and children. The study examines the theoretical legal elements of this crime, discusses the potential criminal liability of users and promoters, and analyzes the legal challenges arising from the absence of explicit provisions in Iraqi legislation. It concludes with the urgent need to close this legislative gap by establishing a clear legal framework for criminalizing digital drugs in Iraq, drawing upon comparative insights from Jordanian and Egyptian legislation, as well as relevant international and regional recommendations.

The research explores crimes associated with encryption and digital currencies from a legal and criminal perspective. It highlights the nature and diversity of these offenses, such as financial fraud, money laundering, and tax evasion, which have grown more complex with the advancement of digital technologies. The study also addresses the legal challenges faced by legislative and judicial bodies in combating these crimes, especially given the absence of a unified international legal framework and the difficulty of tracking digital transactions.
Furthermore, the research examines how national criminal laws deal with such offenses and assesses whether existing legal provisions are sufficient to deter perpetrators. It emphasizes the need to develop new laws that align with the digital nature of these crimes. The study also underscores the importance of international cooperation in strengthening criminal accountability through information exchange, coordinated efforts among countries, and the activation of relevant international agreements to effectively combat this cross-border phenomenon

Relations The roots of Iraqi-American relations date back to before World War II, and these relations have fluctuated between tension and cooperation depending on the political regimes in power in both countries, as well as the developments and changes occurring in the international system. During the monarchical era, since its establishment in 1921, relations were marked by coolness and monitoring as a result of the isolationist policy adopted by the United States. Iraq, supported by Britain, was closely watched by the U.S., and despite this, there was American cooperation in several areas, especially in developing Iraq's infrastructure and oil extraction, despite the predominant British influence at the time. After the 1958 coup led by leader Abdul Karim Qasim, which overthrew the monarchy, the regime was more inclined toward the Soviet Union, leading to tensions between the two sides, especially since the United States was engaged in the Cold War with the Soviet Union and did not tolerate any form of communist influence anywhere in the world, particularly in the Middle East, which it considered an exclusive zone of American influence. In the period between 1980-1988. - In 1988, and during the First Gulf War, American-Iraqi relations improved and developed significantly, as the United States, in cooperation with its allies, especially the Gulf states, supported the Iraqi regime in its war with Iran. Relations between the two sides continued until the Iraqi regime invaded Kuwait, which led the United States, under the auspices of the United Nations, to lead an international coalition to expel the Iraqi regime from Kuwait. As a result, Iraq decided to cut off relations with the United States, and this severance continued until the American invasion of Iraq and the overthrow of Saddam Hussein's regime in 2003, which radically changed the nature of relations between the two sides. The United States tried to make Iraq a model of democracy despite political and economic chaos. In 2011, the United States ended its military presence in Iraq, but relations between the two countries continued through cooperation in several fields, especially political, economic, and security sectors. Today, the relations between the two sides are based on cooperation and strategic partnership, which the United States seeks to strengthen by focusing on security and economic areas, as well as cooperation in combating Terrorism and the defeat of extremist organizations, particularly the terrorist ISIS organization, thus, American-Iraqi relations are complex and intertwined, requiring a balance between the national interests of both countries. The future of these relations depends on security, political, and economic developments in Iraq and the region.

The Turkmen are the third largest ethnic group in Iraq after Arabs and Kurds, and have deep historical roots stretching from the Islamic era to the modern state, forming an essential part of the Iraqi social and political fabric. Turkmen have contributed to cultural and economic life, but they have suffered from political marginalization and underrepresentation in state institutions throughout most of its history. After 2003, they were given greater scope for political participation, but their presence remained limited due to internal divisions and weak organization and institutional support. Despite ongoing pressure, they have preserved their language and ethnic identity through schools and cultural centers. They have proven their effectiveness in the fields of education, the economy, and public service. This research confirms that ensuring justice for the Turkmen and their political and cultural empowerment is a necessary step to consolidate the concept of citizenship and build a democratic, pluralistic, and just Iraqi state.

This research examines the issue of civil liability arising from damages caused by medical products, as one of the contemporary topics resulting from scientific and technological development in the health sector. It explores the concept, types, and legal basis upon which such liability is founded. The study highlights the shortcomings of general legal rules that are insufficient to address the specific nature of medical damages, emphasizing the difficulties in identifying the party responsible for the harm—whether it is the manufacturing company, the physician, or the pharmacist. It also discusses the challenges in assessing compensation, as medical products directly affect human safety and bodily integrity, which cannot truly be compensated by monetary payment regardless of its amount. This makes compensation for such damages a more precise and complex issue. The research further stresses the need for a specific medical law to regulate the circulation and use of medical products, ensuring the protection of the patient as the weaker party in the therapeutic relationship.

Political socialization plays a fundamental role in shaping the political awareness and voting behavior of individuals in Iraq after 2005, a period marked by significant changes in the political system following the fall of the previous regime. Through family, schools, and media, citizens acquire information and attitudes toward the political process and elections. Political socialization contributes to building a deeper understanding of their civil rights and duties, directly affecting voter turnout and the quality of political choices they make. In Iraq, political socialization faces challenges such as sectarian divisions, weak educational institutions, and external influences, which lead to biases and divisions in electoral behavior. Despite these difficulties, recent years have witnessed an increase in political awareness among youth and their efforts to express their will through elections. Therefore, strengthening healthy political socialization is an essential pillar for achieving democratic stability and sustainable political development in Iraq.

The United Nations Charter, under Chapter Vll, authorizes the Security Council to take appropriate measures, including the imposition of economic sanctions, In cases of threats to international peace and security. this constitutes a solid legal basis for economic sanctions, especially when those decisions are supported by the Council members, although the effects of these sanctions are not beyond controversy. Moreover, some countries or international organizations continue to impose economic sanctions unilaterally or multilaterally without authorization from the Security Council, the latter are widely criticized for violating the state sovereignty and the rule of international law, as well as other principles of international law. Moreover, economic sanctions, whether imposed by multiple parties or unilaterally, may entail the potential violation of international humanitarian law and human rights. Although the primary objective of imposing these sanctions is to promote peaceful efforts to resolve international disputes before resorting to military means, there is a discrepancy between the objective and the practical reality , which is the need to impose economic sanctions and their negative effects, there is an urgent need to strengthen discussions and intensify efforts to study the legitimacy of economic sanctions and their impact on human rights, ensuring that these sanctions subject to a legal framework that takes into account humanitarian standards in both their implementation and their effects. From this perspective, this research presents the concept of international economic sanctions and their legal basis in the first section, while in the second section we will discuss the types of economic sanctions, their impact on human rights, and evaluate their effectiveness. The concluding section of the research includes the conclusions and proposals we have reached.

The study addressed the role of administration in combating currency smuggling through electronic means, taking the Central Bank of Iraq as a model for analysis and application. It stemmed from a central research problem represented by the question of the adequacy of the administrative, legal, and technical tools adopted by the Central Bank in confronting this complex phenomenon, the risks of which have grown due to technological developments and the expansion of electronic payment systems. To achieve this objective, the study employed the descriptive-analytical method in examining the relevant national legal texts, in addition to the deductive method to derive results and proposals. The study concluded that, despite their importance, the measures adopted by the Central Bank of Iraq still suffer from legislative and institutional shortcomings that limit their effectiveness. This necessitates the development of the legislative and administrative framework, as well as the expansion of modern technological applications, in a manner that ensures a more effective response to currency smuggling crimes committed through electronic means.

This research addresses the repercussions of the Syrian crisis that erupted in 2011, which is considered one of the most complex contemporary crises in the Middle East due to the political and security imbalances it has caused. Syria’s importance is highlighted by its strategic location, which has granted it economic and political significance and made it a focal point for regional and international interventions. These interventions have directly impacted Iraq and contributed to the complexity of its political and security reality. The repercussions of the Syrian crisis continue to cast a shadow over Iraq’s stability, particularly amid the escalation of terrorist threats, foremost among them the Islamic State (ISIS).

The study concludes that the Security Council’s exceptional power collide with a political reality conditioned by politics, not just law, which works to deprive the Council of its effectiveness when it comes to a state with veto power, This may raise questions about the future of reforming the collective security system and the balance of powers within the United Nations.

This research examines the principle of hierarchy in contractual obligations as a modern principle that contributes to restoring contractual balance. It does so by distinguishing between obligations according to their importance and function in achieving the economic and legal objectives of the contract. The research begins with the premise that contractual obligations are not all of equal importance, but rather vary between essential obligations upon which the contract is based, and secondary or supplementary obligations whose breach does not entail the same legal consequences. The research concludes that the principle of hierarchy represents an effective interpretive and judicial tool that contributes to achieving a balance between the creditor's interest in obtaining performance and the debtor's interest in avoiding disproportionate penalties. This enhances contract flexibility and keeps pace with the development of modern transactions.

This study offers a critical analysis of the position adopted by the Iraqi and Egyptian constitutional judiciary about restrictions on freedom of travel, in the context of a recent ruling by the Iraqi Federal Supreme Court to assess the current orientation in Iraqi jurisprudence. In addition, a review of the tendency in Egyptian constitutional jurisprudence was conducted.
The study adopted a comparative analytical approach, which entailed clarifying the constitutional basis and the reasoning followed by the Iraqi and Egyptian rulings. Subsequently, a legal evaluation of the aforementioned tendency was conducted, employing the principle of proportionality to limit public rights and liberties.
The study concluded that the Iraqi constitutional judiciary tends to regard travel restrictions as a permissible regulatory measure, subject to subsequent oversight. In contrast, the Egyptian judiciary adopts a stricter approach by requiring a prior judicial order for such restrictions. The author argues that this constitutes a stronger protection of personal freedoms under the Egyptian judiciary compared to the Iraqi constitutional judiciary.
The scientific originality of this research lies in the fact that it offers a critical comparative assessment to reveal the philosophical foundations underlying the two approaches.