Basra studies journal

The Marine insurance contract, like any other contract, is based on reciprocal obligations between its parties—the insurer and the insured—and is grounded in the principle of consent and the modern rules of attribution, which constitute the legal basis for such contracts. The relationship between insurance companies and the other party (the insured, who may be a natural or legal person) is evident in cases such as shipping companies, which may own the vessel or the cargo transported on board.
The insurer is obligated to compensate for losses that may occur to the insured property, provided that the insured has fulfilled their financial obligations under the contract. These obligations include the payment of marine insurance premiums as specified in the contract, as well as the obligation not to combine compensation from the insurer with any damages obtained through claims against third parties.
The non-financial obligations include the disclosure of material facts related to potential risks affecting the insured property, enabling the insurer to properly assess the risks involved. This is referred to as the duty of disclosure and risk prevention. The compensatory nature of the marine insurance contract ensures that the insured is restored to the financial position they held prior to entering into the contract.

This paper examines administrative policing (administrative control) as a legal instrument exercised by public authorities in Iraq with the aim of protecting environmental public order and ensuring individuals’ right to enjoy a clean and healthy environment. This right is considered one of the modern fundamental rights that has gained increasing importance at both international and national levels, particularly in light of escalating environmental challenges such as pollution and the depletion of natural resources.
The research focuses on explaining the concept and objectives of administrative policing, while clarifying the legal basis of the right to a clean environment in Iraqi legislation, particularly in the 2005 Iraqi Constitution, which recognizes environmental protection as a duty of the State. It also reviews the main administrative regulatory tools adopted by competent authorities, such as environmental regulations and instructions, the licensing system, inspection and monitoring mechanisms, and administrative sanctions such as fines and closure orders.
The study analyzes the role of relevant administrative bodies, such as the Ministry of Environment and municipal authorities, in implementing these mechanisms, while highlighting the challenges they face, including weak enforcement, limited environmental awareness, and overlapping institutional competences.
The study concludes that the effectiveness of administrative regulatory measures in protecting the environment in Iraq remains limited despite the existence of an acceptable legal framework, due to administrative and legislative constraints. It recommends strengthening oversight mechanisms, developing environmental legislation, activating the role of administrative judiciary, and promoting environmental awareness among citizens.

The drug problem, with its serious consequences, has become a phenomenon that threatens national security, social stability, and the development process in all fields. Since it transcends geographical borders, it cannot be effectively addressed or contained by a single state or even by a group of states within a particular region. Rather, it requires global cooperation through international organizations, the adoption of international conventions, and appropriate policy measures to confront this problem. Therefore, this study examines the existing international conventions and institutions, despite their limitations, which remain insufficient to effectively address this issue. It also explores the obstacles to international cooperation in combating drug trafficking, particularly those arising from technical, legal, economic, and social challenges.

In light of the decline of unilateral hegemony, conflict management has become increasingly linked to the effectiveness of international and regional institutions in containing crises. This research seeks to clarify the conceptual framework of conflict management and distinguish it from the concepts of settlement and final resolution of crises. It also analyzes the legal and institutional foundations of the roles of the United Nations, the Security Council, the International Court of Justice, and regional organizations.
The research problem stems from a central question regarding the effectiveness of these mechanisms and their future prospects in a multipolar world. To address this issue, the study adopts an analytical approach to deconstruct institutional structures, and a foresight (future-oriented) approach to explore emerging trends.
The study concludes that institutional mechanisms retain their significance; however, their effectiveness is constrained by power competition and the veto system. It also finds that the Security Council alone is no longer capable of ensuring effective management of complex conflicts. In contrast, there is an increasing and complementary role for regional organizations, international judicial bodies, and flexible peaceful mechanisms.
The research further concludes that the future of conflict management requires deep institutional reform and stronger integration between international and regional levels. It also recommends activating preventive and foresight-based mechanisms to make the international system more flexible and adaptable to future transformations.

Custodial sentences are one of the forms of punishment aimed at protecting society from offenders. However, they do not always constitute the most effective solution, as they may produce negative effects on the convicted person, their family, and society, thereby hindering rehabilitation and social reintegration.
Accordingly, it has become necessary to adopt a new penal policy based on alternative sanctions in order to mitigate the drawbacks of short-term custodial sentences. Such alternatives are applied whenever the circumstances of the offense and the offender’s personality allow. Consequently, modern criminal legislations have increasingly moved toward introducing diverse alternatives to short-term imprisonment.
Among these alternatives is community service, which offers several advantages, most notably the rationalization of punishment, the promotion of offender rehabilitation, and the facilitation of reintegration into society.
This study aims to clarify the nature of this sanction and to examine the position of comparative criminal legislation regarding its application.

International criminal arbitration represents a modern approach that contributes to the settlement of certain disputes of a criminal nature between states or international organizations outside the framework of traditional courts, in a faster and more flexible manner. Although serious international crimes such as genocide and crimes against humanity are typically referred to international criminal courts, arbitration has increasingly been used in procedural matters or technical disputes related to the application of international criminal law.
With the development of artificial intelligence technologies, new opportunities have emerged to enhance the effectiveness of this form of arbitration. AI can support the analysis of digital evidence, assess the consistency of testimonies, and process vast amounts of data generated in international criminal cases, thereby reducing time and cost while improving the accuracy of arbitral decisions. Machine learning algorithms are also used to detect transnational criminal patterns and analyze communications and media content related to international crimes.
However, the integration of artificial intelligence into international criminal arbitration raises significant challenges concerning transparency, neutrality, and legal accountability, particularly when relying on systems that may not be subject to full judicial oversight. Therefore, the effective use of AI requires a clear regulatory framework that ensures procedural fairness and safeguards the rights of all parties involved.

Arbitration is an effective alternative dispute resolution mechanism, particularly in commercial and investment fields, where speed and flexibility are required in resolving disputes outside the framework of lengthy traditional court procedures.
The arbitration agreement constitutes the cornerstone upon which the authority of the arbitral tribunal to adjudicate disputes is based, as it reflects the parties’ intention to resort to arbitration instead of national courts.
The effectiveness of arbitration largely depends on the clarity of its subject-matter scope, namely the determination of the types of disputes covered by the arbitration agreement, whether arising from a specific contract or future and unspecified disputes.
Furthermore, the arbitration agreement is binding upon its parties and, as a contractual clause, is governed by the principle of relativity of contractual effects. Accordingly, the rights and obligations arising under this agreement apply only to its parties and do not extend to third parties, except in exceptional cases recognized by law as deviations from the general rule.

This Research examines the role of artificial intelligence (AI) in facilitating civil litigation by analyzing the impact of AI algorithms on litigation procedures and on the achievement of justice for litigants. The rapid development of these systems has led to their integration into various fields, including the judicial process. These applications have contributed to accelerating dispute resolution and reducing time and effort for both courts and litigants. They have also enabled faster access to data and the provision of innovative solutions, thereby enhancing the efficiency and quality of the judiciary, reducing judicial errors, and preventing case backlogs before courts.
The study aims to examine the impact of AI applications on litigation procedures and the realization of justice by highlighting both the advantages and disadvantages of their use. The deployment of AI raises several legal and ethical issues related to neutrality, accountability, and its capacity to ensure fair justice for litigants.
The study concludes that the Iraqi legislator should enact specific legislation regulating the use of artificial intelligence in order to strike a balance between the rapid technological developments in this field and the need to ensure justice for disputing parties. It also emphasizes the necessity of training judicial personnel in the use of these technologies and benefiting from the experiences of other countries in this regard.

This study examines the relationship between administrative innovation and the principle of legality within the framework of administrative law, in light of the rapid transformations affecting modern public administration. Administrative innovation has become an urgent necessity for improving the performance of public utilities and enhancing the quality of public services, whereas the principle of legality requires public administration to remain subject to the law and to refrain from any abuse of power.
The research analyzes the legal concepts of administrative innovation and the principle of legality, explores the areas of tension and complementarity between them, and highlights the legal challenges that hinder achieving a balance between administrative development and legal compliance. It also examines the role of the administrative judiciary and legal doctrine in consolidating this balance.
Ultimately, the study proposes a balanced legal model that ensures legitimate administrative flexibility while safeguarding the public interest within the framework of the rule of law.

The “Qurban” movement is considered an example of extremist religious movements that have emerged in recent years in Iraq, particularly in the central and southern regions. This movement is based on the revival of strange and extremist rituals that are unlawful from a legal perspective. It is also regarded as a violation of the fundamental principles of the Iraqi Constitution, particularly Islam as the official religion of the State, as it relies on false narratives that contradict the Holy Qur’an and the Sunnah of the Prophet.
One of the core elements of this movement is the concept of self-sacrifice as an offering to Imam Ali ibn Abi Talib (peace be upon him), whom the adherents of this deviant belief—according to security reports—allegedly elevate to divine status, attributing to him qualities that are absolutely contrary to Islamic monotheism.
Security reports indicate that members of this group are often young individuals, particularly adolescents, who are recruited through secret gatherings organized by the movement’s leaders during Husseini rituals and other religious ceremonies, exploiting the emotional vulnerability of teenagers. The involvement with the movement begins with unusual ritual practices and may later evolve into collective participation and random selection of adolescents for sacrificial acts based on their beliefs.
However, the Iraqi judiciary has not remained passive; rather, it has actively addressed this phenomenon by applying existing provisions of the Iraqi Penal Code No. 111 of 1969, particularly Articles 372 and 408, despite the absence of a specific legal text criminalizing the movement itself.

Regardless of the institutional form in which it is embodied, the constitutional judiciary is considered one of the most important components of the judicial system in the state, due to the functions and powers it exercises, which enable it to review the constitutionality of laws and interpret constitutional provisions. Accordingly, the constitutional judiciary is of a legal nature; however, like other institutions within the state, it also plays a political role within the political system.
Therefore, this research seeks to examine this issue under the title “Political Considerations of Constitutional Judiciary in Iraq,” by defining the concept of the constitutional judiciary as well as analyzing its effectiveness within the political sphere.

Human rights constitute one of the fundamental pillars upon which contemporary international legal systems are based. However, the terrorist organization ISIS committed widespread and systematic violations of these rights in Iraq during its period of territorial expansion.
This research aims to examine the crimes committed by the organization, with a particular focus on genocide and crimes against humanity targeting religious and ethnic minorities such as Yazidis, Christians, and Turkmen, in addition to serious abuses against women and children. The study adopts both analytical and descriptive methodologies: the analytical approach is used to examine relevant international legal instruments, while the descriptive approach is employed to document the principal crimes and incidents.
The first part of the study addresses the nature of ISIS and its major crimes, while the second part examines the role of the International Criminal Court and the Iraqi Central Criminal Court specialized in terrorism cases in addressing these violations. The study concludes that the crimes committed by ISIS meet the legal threshold of international crimes, requiring prosecution at both national and international levels, with an emphasis on strengthening the Iraqi judiciary and enhancing international cooperation to ensure justice for victims.

This study examines the limits of the public administration’s authority to withdraw defective administrative decisions in light of modern national legislation and comparative legal systems. The significance of this topic arises from the interaction between two opposing principles: the principle of legality, which requires the elimination of unlawful administrative acts, and the principle of legal certainty, which demands the protection of legitimate expectations and the stability of acquired legal situations.
The study clarifies the concept of administrative withdrawal and distinguishes it from related legal concepts, particularly administrative revocation, which operates only for the future, and judicial annulment exercised by administrative courts. It also examines the legal basis of this authority, emphasizing that it is not an absolute prerogative of the administration but a legal mechanism aimed at correcting unlawful administrative acts, provided that it does not undermine legal stability in administrative relations.
Methodologically, the study adopts a comparative analytical approach by examining legislative texts and judicial rulings in Iraq, Egypt, France, and Jordan. The research is structured into three main sections. The first addresses the conceptual framework and legal basis of withdrawal. The second focuses on its substantive, temporal, and procedural limitations, with a distinction between rights-creating and non-rights-creating decisions, as well as between substantial and minor defects, in addition to exceptions such as fraud, deception, and null administrative acts. The third section discusses practical applications and contemporary comparative trends, offering a critical assessment of the national legislative framework.

This study examines the jurisprudential controls and legal regulations governing artificial fertilization techniques as a contemporary medical issue requiring both Islamic legal clarification and a legal framework capable of keeping pace with rapid scientific developments. The research problem stems from the urgent need to formulate a comprehensive legal theory within Arab statutory legislation inspired by the principles of Islamic Sharia in order to regulate the procedures associated with these techniques and address legislative gaps that may fail to encompass emerging developments. This necessitates a balance between medically justified permissibility and Sharia-based restrictions aimed at preserving lineage.
The study adopts a comparative analytical approach and concludes that Arab legislation should be harmonized with the objectives of Islamic Sharia through the enactment of explicit legal provisions that ensure the highest standards of precaution and safeguard. It further recommends establishing clear legal frameworks governing liability arising from such procedures in order to protect the family structure and preserve lineage.

This research addresses the relationship between cybersecurity and constitutional security in light of the rapid digital transformation taking place in modern states, accompanied by a significant increase in cyber threats and crimes targeting individuals, institutions, and critical state infrastructure.
The study aims to clarify the conceptual framework of both cybersecurity and constitutional security, analyze their interrelationship and integration, and highlight the safeguards adopted by the state to achieve what may be termed “constitutional cybersecurity.”
The research adopts a descriptive-analytical approach through the examination of relevant legal concepts. It concludes that achieving cybersecurity is not limited to technical aspects alone, but requires a comprehensive legal and legislative framework, specialized institutions, and effective safeguards that strike a balance between security requirements and the protection of rights and freedoms.
The study also emphasizes the importance of international cooperation in combating transnational cybercrime, as well as the necessity of continuously updating national legislation to keep pace with rapid technological developments.

The Rapid advancement of artificial intelligence (AI) technologies has led to the emergence of new forms of digital crimes characterized by complexity and diversity, thereby posing unprecedented challenges to traditional criminal justice systems. This study aims to examine the relationship between artificial intelligence and digital crimes and to analyze the legal framework governing criminal liability in Iraq, with a focus on assessing the adequacy of existing legal provisions in addressing such emerging offenses.
The research adopts a comparative analytical approach by exploring the fundamental concepts of artificial intelligence and digital crimes, and by identifying various forms of crimes associated with AI technologies, such as cyberattacks, digital forgery, and violations of privacy. It also analyzes the position of the Iraqi legislator under the Penal Code and related legislation.
The study concludes that the Iraqi legal framework remains insufficient in regulating criminal liability arising from the use of artificial intelligence, particularly with regard to determining responsibility among users, developers, and intelligent systems themselves. Accordingly, it recommends the enactment of modern legislation that keeps pace with rapid technological developments, as well as the strengthening of international cooperation in combating AI-related cybercrimes.
Moreover, the legal nature of artificial intelligence remains a subject of extensive doctrinal and legislative debate, as comparative legal scholarship has not yet reached a settled characterization of such systems due to their varying levels of autonomy and functional complexity. Some legal approaches treat AI merely as a technical tool subject to the responsibility of the user or developer, while others argue for the development of a specific legal framework tailored to the unique nature of self-learning intelligent systems. This study does not adopt a definitive position regarding the legal personality or independent legal status of artificial intelligence; rather, it focuses on analyzing the issue within the framework of existing Iraqi legislation, emphasizing the adequacy of traditional criminal rules in addressing crimes committed through such technologies.

Aspecific Refered Journal Published by the center of Basra Studies &Arab Gulf / Issned in Cooperation With College of Law Basrah University