Alnoor Journal for Legal Studies

This study examines the supervisory role of independent international organizations in protecting prisoners’ rights, highlighting that international monitoring goes beyond reviewing state reports to include field visits, reporting, and individual complaint mechanisms to ensure humane treatment. The research outlines the international legal framework for prisoner protection, including the Nelson Mandela Rules and the Convention against Torture, emphasizing the importance of state compliance. It also addresses challenges affecting the effectiveness of international oversight, such as national sovereignty issues, legal and political constraints, and varying levels of state adherence to recommendations. The study concludes that strengthening the independence of international organizations, promoting human rights culture, and enhancing international cooperation contribute to improving prison conditions and safeguarding prisoners’ rights.

Smart technologies represent the basis of the current and future stage due to the various services they provide in all areas of life. However, the use of artificial intelligence and its various applications in the commercial and investment fields has achieved and continues to achieve important and rapid qualitative leaps in the field of business development, achieving great speed in accomplishment, and overcoming problems and obstacles in it. Therefore, professionalism in artificial intelligence works represents a major investment opportunity in light of these developments and the adoption of individuals, institutions, and some countries of various applications in artificial intelligence to employ it in the fields of trade and investment that are constantly renewed.

The Accelerated Digital Transformation Has Brought About Profound Changes in Human Lifestyles, Communication Methods, and Knowledge Exchange, Making The Internet the Primary Means for Exercising Many Public Rights and Freedoms. Accessing The Internet Is No Longer a Technical Issue or an Optional Service; Rather, It Has Become a Necessity Imposed by The Requirements of Education, Work, and Social Participation.
In This Context, The Human Right to Access the Internet and The Right to Obtain Accurate and Reliable Information Have Emerged as Fundamental Pillars of the Knowledge Society, Given Their Direct Impact on Enhancing Transparency and Enabling Individuals to Participate in Public Affairs Management. However, Practical Reality Reveals the Continued Existence of Restrictions and Legislation That Limit the Exercise of These Rights.
Therefore, This Study Aims to Clarify the Legal Basis of Digital Rights, Analyze The Mechanisms for Their Protection in National Laws and International Charters, And Conduct a Comparison of Several Legislative Experiences, Ultimately Proposing Solutions That Contribute to Providing Effective Protection for These Rights

The research aims to confront corruption of all kinds, not only by recalling the binding legal rules, defining them and applying them because this is assumed, but we mean in this regard a statement of combating corruption, which among its basic means is preventive measures that are represented in mobilizing the concepts of the state, the principle of responsibility, the principle of respect for the law, and administration Rational leadership, distinguished leadership, competence, and the rule of a culture of integrity that is created and supported by morals and virtue, to which it is necessary to return, because Iraq has become one of the most corrupt countries in the world.
After the increase in the frequency of corruption on a large scale after 2003, its seriousness and the difficulty of controlling it, this led the legislator to pay attention to the oversight aspect by establishing oversight and judicial governmental agencies that work to combat corruption in all its forms, according to laws enacted to preserve public money. The independent oversight bodies and their real role in combating Corruption, represented by the “Integrity Commission and the Board of Supreme Audit,” in addition to that the three state authorities, “legislative, executive and judicial”, in their various agencies, contribute to combating corruption in accordance with their laws.

This research addresses the topic of electronic engagement and its rulings in Islamic jurisprudence and positive law through a comparative study. The importance of the subject lies in the fact that it represents a modern phenomenon imposed by the rapid spread of communication technologies, especially in the context of family relations. The research problem stems from the inadequacy of existing legal texts to regulate this phenomenon and protect both parties and society. The study adopted an analytical and comparative methodology, examining the views of Islamic jurisprudence and the personal status laws in Iraq, the UAE, and Tunisia. The findings indicate that electronic engagement is permissible in principle under Islamic law when conducted within proper guidelines, though it may involve risks that require restriction. The research recommends legislative intervention to regulate electronic engagement, enforce preventive measures, and raise social awareness of its potential misuse. Thus, the study contributes to the jurisprudential and legal foundations of electronic engagement and opens the door for further research on contemporary issues in Islamic law and legislation.

This research presents a comprehensive comparative study of the problematic "Real Estate Transaction between Consensualism and Formality," aiming to reveal the methodological divergence between Iraqi and French laws in handling the transfer of real estate ownership. The research problem centers on the conflict between the principle of "Consensualism," based on the autonomy of will, and "Formality," imposed by legislation as a guarantee for legal certainty and transaction stability. The study adopted a comparative analytical approach to deconstruct the dialectic between these two principles. It concluded that the Iraqi legislator adopted absolute "Constitutive Formality," making registration in the Real Estate Registration Department a fundamental pillar without which the contract is not formed. Conversely, the French legislator maintained "Consensualism" as the general rule for transferring ownership between parties, viewing formality (notarization and registration) as a means for the transaction's opposability to third parties. The research reached significant results, most notably that the formal strictness in Iraqi law may sometimes lead to the loss of contractual justice, necessitating judicial intervention through the "Contract Conversion" theory to safeguard rights. The study concluded with recommendations urging the Iraqi legislator to benefit from the French experience by separating "contract formation" from its "opposability to third parties," to enhance the flexibility of real estate circulation while maintaining registration requirements.

Medical advancements in reproductive technologies, particularly artificial insemination and in-vitro fertilization, are among the most prominent manifestations of contemporary scientific progress. These advancements have contributed to addressing numerous infertility problems and fulfilling individuals' desire to have children. However, this has given rise to delicate legal issues affecting the family unit and its stability, especially with regard to proving lineage and family ties. In light of this development, the role of health legislation in regulating the use of these technologies and their legal implications within the scope of personal status law becomes prominent. This research aims to demonstrate the impact of health legislation on the regulation of reproductive technologies on the provisions of the Iraqi Personal Status Law No. (188) of 1989, as amended, highlighting the legislative challenges and shortcomings in the current legal regulation in the absence of explicit texts regulating it, while proposing applicable regulatory solutions to ensure the protection of rights and clarify the legal responsibilities of all parties.

The stage of contract performance represents the phase in which the contractual will is practically manifested through the execution of the obligations arising therefrom. Contractual drafting constitutes the principal instrument that governs such performance and determines its scope and limits. This research aims to examine the impact of contractual drafting during the performance stage by analyzing its role in defining the nature, extent, and timing of contractual obligations, as well as its effect on performance guarantees such as penalty clauses and delay damages. It further explores its role in interpreting cases of non-performance, whether resulting from drafting deficiencies or from explicit provisions stipulating exemption from or limitation of liability. This study adopts a comparative analytical methodology through the examination of legal texts, particularly the provisions of the Iraqi Civil Code. It concludes that precision and clarity in contractual drafting constitute a fundamental safeguard for the stability of contractual relationships. Any defect in drafting may lead to disruption in performance or to judicial disputes, thereby rendering precise contractual drafting an essential requirement for achieving legal certainty at the stage of performance.

This study examines methods of compensation for damage arising from the production and circulation of pharmaceuticals in selected Arab laws, particularly Iraqi, Egyptian, Saudi, and UAE law, in comparison with selected solutions in European and American law. The study adopts the analytical method as its primary methodology and uses the comparative method where necessary to identify similarities and differences among the legal systems under review. It concludes that the general rules of civil liability remain a central basis for compensating pharmaceutical damage, but the effectiveness of compensation depends on the clarity of the regulation of product defect, the easing of the burden of proof, the scope of recourse against the producer, importer, and distributor, and the role of pharmacovigilance and insurance in securing reparation. The study also finds that comparative solutions may assist in improving the Iraqi legal framework by introducing more specific rules on pharmaceutical product liability and compensation for injured persons.

This academic study explores the transformative potential of participatory democracy in establishing sustainable peace within Iraq’s complex legal and political landscape. The authors define participatory democracy as a model where citizens directly influence public policy and decision-making, moving beyond the traditional limitations of representative systems. Historically rooted in ancient Athens and modernized by philosophers like Rousseau, this model has seen successful contemporary applications in global contexts—ranging from participatory budgeting in Brazil to citizen assemblies in Ireland and France.This study examines how participatory mechanisms are integrated into various global and Arab constitutions. Although the 2005 Iraqi Constitution does not explicitly use the term \"participatory democracy,\" it incorporates its most prominent elements by stipulating that the people are the source of authority and legitimacy, in addition to provisions for public referendums, administrative decentralization, and the protection of civil society organizations.
However, the study points to significant obstacles in the Iraqi experience. The rise of sub-national identities, which often overshadow national identity, and the adoption of a quota system by those in power have hindered genuine democratic processes. This \"political quota system\" has impeded democracy, as the interests of specific groups and parties are frequently prioritized over the national interest. Other obstacles include widespread administrative and financial corruption, and the efforts of corrupt lobbies to obstruct any attempt to activate constitutional and legal provisions that would make citizens partners in political, administrative, and service-related decision-making, as well as their oversight. The study proposes a \"corrective civic vision\" to strengthen the state. This vision calls for equal citizenship, the protection of fundamental human rights, and the activation of accountability through anti-corruption measures. Ultimately, it concludes that a strong and participatory democratic framework is necessary to move Iraq from its fragile \"consociational democracy\" to a stable and inclusive peace.

This research aims to clarify the role played by the Federal Supreme Court of Iraq in establishing the principles of criminal justice through exercising constitutional oversight over criminal laws and procedures, as it is the competent authority responsible for protecting the Constitution and safeguarding public rights and freedoms. The importance of this research lies in highlighting the extent to which the Court contributes to ensuring the principle of criminal legality, protecting the rights of the accused, and achieving a balance between the State’s authority to impose punishment and the constitutional guarantees granted to individuals.
The research also addresses the concept of constitutional oversight and its legal basis within the Iraqi constitutional system, while analyzing the jurisdiction of the Federal Supreme Court in reviewing the constitutionality of criminal legislation and explaining the impact of its decisions on strengthening fair trial guarantees, preserving the presumption of innocence, and preventing arbitrariness in the application of penal provisions. Furthermore, the study discusses the most significant practical challenges facing the Court in performing its supervisory role and the extent to which these challenges affect the achievement of criminal justice and the rule of law in Iraq.
The research concludes that the constitutional oversight exercised by the Federal Supreme Court represents one of the most important constitutional safeguards for the protection of rights and freedoms, and that strengthening the Court’s role and developing its oversight mechanisms contribute directly to supporting criminal justice and consolidating the State of law and institutions.

This research discusses the role of the Federal Supreme Court in interpreting constitutional articles with the aim of shedding light on the main role assumed by the court in ensuring the constitutionality of laws and the validity of constitutional procedures, and the problem was to show the extent to which the court is able to fulfill its interpretative jurisdiction for constitutional texts that include constitutional omissions, by analyzing some decisions related to the constitutional omission contained in the constitution while shedding light on the challenges faced The court's performance of this role since its establishment until the present time, and the extent of its impact on the political and constitutional scene, such as the interpretation of the concept of the "largest bloc", Article 140, and other cases of constitutional omissions. The research concluded that despite the importance of the role of the Federal Court, it faced multiple challenges related to its weak independence, the absence of a clear interpretive methodology, and its influence on political tensions, which led to the issuance of controversial interpretations. In the conclusion of the research, a number of suggestions were presented, including amending the Court's law to enshrine its independence, defining the standards of interpretation, preventing political employment, enhancing transparency, and others.

The Iraqi Evidence Law stipulates several means of proof and obligates the judge to utilize and rely upon these methods when issuing a judicial ruling.
It also grants the judge discretionary power regarding the admissibility of evidence, depending on its type. Sometimes the judge has absolute authority to accept or reject evidence, while at other times they are obligated to accept evidence presented by the parties, such as an official document, and thus have no discretionary power.
In some cases, the judge possesses full discretionary power to accept or reject presented evidence, even though the law permits such discretionary action. The matter rests with the judge's conviction; if they find the evidence relevant to the case, they may accept it, and if not, they may reject it, as in the case of witness testimony.

This research examines modern international institutional mechanisms for addressing obstacles to water security, focusing on the role of the United Nations, its specialized agencies, and programs in supporting water policies, capacity building, and enhancing international cooperation in water resource management. It also highlights the importance of Integrated Water Resources Management (IWRM) as a modern approach that contributes to the sustainable and equitable use of water. The research concludes that, despite their importance, these mechanisms remain limited in effectiveness due to their non-binding nature and their reliance on the political will of states, which requires stronger implementation and monitoring mechanisms to achieve sustainable water security.

The study of the "Government Program" holds exceptional significance in contemporary constitutional literature, given the fundamental shift in the role of the executive branch from a traditional entity focused on security and order to a guiding authority for public policies responsible for achieving comprehensive development. The central problem of this research lies in the state of "conceptual fluidity" and the lack of terminological discipline surrounding the essence of the government program. This ambiguity has led to its overlap with other constitutional and administrative instruments, adversely affecting the accuracy of its legal characterization and the determination of the government's political responsibility before Parliament Using a comparative analytical methodology encompassing the constitutional systems of Great Britain, Egypt, and Iraq, this research seeks to provide a foundational treatment that begins by deconstructing the linguistic and idiomatic significations of the concept. It asserts that the government program transcends being a mere "work plan" to become a "constitutional commitment instrument" that defines the pathways of executive performance. Within the context of historical tracing, the research examines the roots of this concept, highlighting the methodological divergence between the British parliamentary system based on established constitutional conventions and the Egyptian and Iraqi systems, which have moved toward the "constitutionalization" of the government program, making it a prerequisite for gaining or maintaining parliamentary confidence The research's value-added is manifested in its endeavor to resolve conceptual overlaps through precise objective and procedural distinction criteria. The study establishes clear boundaries between the Government Program and the Ministerial Platform, considering the former a time-bound executive framework, while the latter represents a broader political and philosophical vision. Furthermore, the analysis extends to distinguish the program from Public Policies and Development Plans through the criteria of "permanence" and the "obligatory party." It also resolves the apparent conflict between the program and the Speech from the Throne, as well as Electoral Manifestos of a partisan nature. The study concludes that the government program represents a "procedural constitutional contract" that grants executive action its substantive legitimacy. It argues that the absence of a precise definition of its characteristics leads to the weakening of parliamentary oversight mechanisms. Finally, the research offers a critical vision aimed at developing the legislative drafting of government programs, ensuring their transformation from rhetorical promises into measurable legal and numerical targets, thereby enhancing the constitutional system's efficiency in balancing powers and ensuring serious accountability for the implementation of official state commitments.

This research addresses the concept of a refugee in light of international conventions, particularly the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol, while clarifying the legal conditions required for acquiring refugee status. The study also examines the rights and obligations of refugees, as well as the rights and obligations of the host state toward them. Furthermore, the research discusses the legal basis of the principle of non-refoulement in international and regional instruments, highlighting its historical development and legal nature, whether as a treaty-based obligation binding upon States Parties to the Refugee Convention or as a customary rule of international law binding upon all states, including those not party to the relevant conventions.
The study further analyzes the substance of the principle of non-refoulement, the limits of its application, and the exceptions thereto, particularly those related to threats to national security or public order. It also clarifies the relationship between this principle and other related legal concepts such as expulsion, deportation, extradition, and forced displacement. The study demonstrates that the principle of non-refoulement is not limited solely to officially recognized refugees, but also extends to asylum seekers whose applications have not yet been finally determined, in order to ensure that they are not returned to places where they may face serious risks.
The study concludes that the principle of non-refoulement constitutes the cornerstone of the international refugee protection system, and that its observance represents both a legal and humanitarian obligation incumbent upon all states, due to its essential role in safeguarding human dignity and protecting fundamental human rights. The study further emphasizes the necessity of strengthening international monitoring mechanisms and ensuring the effective implementation of this principle in accordance with the rules of international law and the requirements of humanitarian justice.

The role of the Independent High Electoral Commission in updating voter records is fundamental to ensuring the integrity and accuracy of the electoral process. This role encompasses several duties and responsibilities aimed at maintaining an up-to-date voter database that accurately reflects the demographic and electoral reality. In this context, the voter register constitutes the backbone of any free, fair, and transparent electoral process, as all electoral procedures rely upon it, from determining the number of eligible participants to allocating polling centers and preventing duplication and electoral fraud.
Accordingly, the regular updating of the voter register represents one of the most important mechanisms for regulating electoral participation. The Independent High Electoral Commission plays a pivotal role not only in maintaining an accurate and updated voter database but also in legally and procedurally requiring voters to participate in the updating process, thereby ensuring the inclusiveness and fairness of elections.