Al-Kitab Journal for Human Sciences

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the second is about the role of the United Nations in such wars

After establishing and completing the rules of the international humanitarian law, what occupies the thoughts and minds of the researchers has become the effectiveness of those legal rules because the international community has created the International Humanitarian Law to decrease the agony and misery of war and to deter anyone who may violate these rules. Without a mechanism of implementation, the international humanitarian law becomes mere ideal expression of ideas, and to activate its, there must be some mechanism to be implemented and to be respected. The mechanism could be supervisory, monitoring, or preventive or even judicial to implement the rules of the international humanitarian law in case of violation of these rules especially with regard to the protection of civilians and spreading the rules of the international humanitarian law.
Despite the existence of the comprehensive and detailed international humanitarian law which are highly approved and agreed upon as a complete system of protection but it is unfortunately accompanied by a general tendency towards ignoring and disobeying them.

The research introduces the legal capacity of individuals at the level of the international private relations, their types, importance and influence in the international private individuals’ relations, determining the law to be applied to them, and foregrounding the public system for the application of the law that referred to by the rule of ascription.

Banks usually work to protect the secrets of their customers in order to protect the credit and it is not permissible to disclose these secrets but only in certain cases for the benefit of the credit or in exceptional cases estimated by law. The present study sheds light on the trends of comparative legislation on the protection of bank secrecy between Iraqi and French laws. The Iraqi law regulated the banking secrecy in the articles (52-49) of the Banking Law, and the French legislator regulated banking secrecy in the Article (57). The legislator also regulated in the law of monetary the financial professional secrecy in Article (511-33) and its paragraphs which prohibited the managers of Banks and its employees to reveal the financial information belonging to the clients of the banks.
Banks in Iraq and France are subject to the control of the Central Bank and are committed to its regulations especially to reveal and inform about any suspected financial operations or crimes. Banning revealing bank secrecy shall be subject to any information relating to the affairs of the bank or its customers or other banks subject to the supervision of the Central Bank. Finally, the study recommends increasing the penalty for the crime of disclosure of bank secrecy.

The era of digital technology and electronic media has become a major reason for the diversity and multiplicity of effects that have emerged in our societies and directly affected most of its social groups, especially women whether negatively or positively. Undoutedly, it is clear the positive effect that reflected the role of women and the reality of being an effective factor in society in all its political, social, cultural and even economic aspects, whether in peacetime or conflict. Women have become peacemakers and leaders in their societies.
However, this technological revolution has left negative effect on women and their rights and the most serious one is the impudent images the media publishes which are not appropriate to their value or place in society. Thus, the electronic media plays a negative role in their exploitation, manipulation and in violating their rights through considering them as a commodity that is bought and sold on websites for sexual or terrorist purposes.
Women are sometimes defamed or subject to privacy violation or being threatened or blackmailed and what we see today is a clear evidence of such threats against the brains and the activists in the field of the human rights. Therefore, for the importance of this topic and its risks, there has been a special focus on the role of the electronic media and its reflections on women's rights within the framework of the rules of the international law.

Nationality is a legal, political and spiritual bond that binds individuals to states. It is the means that distributes individuals between countries. Through nationality, the component of people is determined in every country; ie people who hold the nationality of a specific country are considered its citizens. By contrast, those who do not hold the nationality of the same country are foreigners, even if they have permission to stay on its ground. In general, there are three laws enacted to regulate nationality in Iraq: The first of which was the Nationality Law No. 42 in 1924, which was legislated after the establishment of the Iraqi state. However, this law was repealed and replaced by the Iraqi Nationality Law No. 43 in 1963. The latter sparked widespread controversy, especially after the change of the political system in Iraq, including the amendments made to it by the dissolved Revolutionary Command Council. Therefore, changing this law was a priority for the Iraqi parliament after the fall of the previous Iraqi regime in 2003. Indeed, this law and all decisions related to it were formally repealed by the Iraqi parliament in 2006 and replaced by the new Iraqi Nationality Law No. 26 in 2006. However, this law contains many legal and political criticism, especially regarding dual nationality. In addition, the law contains some other controversial cases regarding imposing original nationality and granting nationality through Iraqi mother and other legal disputes related to the recovery of a lost nationality and many other legal problems. Therefore, the Iraqi legislator has prepared a draft to amend the current Iraqi nationality law. In this study, we will highlight the most important points included in this project. We will also indicate the extent to which this project respond to the requirements of society. Finally, we will address the legal problems surrounding the current Iraqi Nationality Law.

New unfamiliar criminal patterns have recently appeared due to economic, societal and cultural transformations that have engulfed modern life. This style of crimes is manifested by cybercrimes which began to constitute a serious danger on individuals and their privacies. Modern technology has become a tool to violate law. It has been harnessed to make data loss, breach of ethics and decency or incitement to commit criminal acts. This invasive advancement of technology has significantly contributed to globalizing this novel criminal patterns, which give rise to complex problems in the absence of adequate criminal laws to counter such crimes and to accommodate this modern technology.

The patient is the disease of death is the fear that leads to the loss of the owner, it may be this patient some legal actions that would reduce the financial burden affecting him or his heirs and others, the legislator and restricting those actions to certain limits, after proving that the patient was the time to act However, the legislator did not specify what diseases take the patient's behavior and the disease of death, and left the matter in dispute jurisprudence and judicial, some diseases do not meet the general conditions laid down by the jurisprudence or settled by the judiciary, and those diseases, Conditions for him because the symptoms of the disease may not be detected easily In addition, the duration of the disease is prolonged for many years, which restricts his actions since he suffered harm to the patient, which led the jurisprudence to adopt the time of the intensification of the disease is the stage that restricts his actions, but to determine the time when the disease is difficult, To the people of medical specialization to determine it, and the actions of the patient's disease of death legal effects, but the legislator differentiated between the structural actions completed, and the actions of the news completed.