TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Despite the existence of international conventions that protect women from violence during armed conflicts, as well as practices of international criminal courts in this regard, serious violations are committed against women, especially crimes related to sexual violence, which constitutes an exclusive model topic of studies n both international law and domestic law, to confront and prevent them.
Iraq represents an important model for studying in this regard because the Islamic State in Iraq and the Levant (ISIS) have committed crimes of sexual violence against Yazidi women and demonstrate international and national efforts to confront it.
The study includes four topics. There is the concept of sexual violence against women in armed conflict, international protection of women from sexual violence in armed conflict, practices of international criminal courts on crimes of sexual violence against women, and confrontation crimes of sexual violence against Yazidi women in Iraq.

The United Nations is one of the main actors in the application of international humanitarian law, since it is difficult and impossible for any State to seriously try to respect and ensure international humanitarian law, especially in the case of serious violations, without the support of the international community. Moreover, the United Nations is one of the most important mechanisms used on a large scale to provide such support in today\'s world, which is implicitly recognized in Article 89 of additional I, the principal organs of the United Nations attach greater importance than ever before. To comply with and apply international humanitarian law in its work, and in the facts before it, the General Assembly and the Security Council are working to reflect the rules of international humanitarian law in their work by issuing resolutions and establishing mechanisms to implement international humanitarian law.

There is no doubt that the decision to refer a criminal case is one of the aspects of disposing of the preliminary investigation, as it is issued by the competent authority for the investigation, and by its issuance, the case is removed from the possession of the investigation authority and enters the possession of the competent court’s jurisdiction, and thus the authority of the competent authority to investigate ends so that the court becomes the competent authority to consider the case, There is no difficulty in determining the competent court to examine the cases arising from the true multiplicity of crimes, but there may be a link between these cases that pays one court to investigate and decide them together with a single ruling, obligatory or permissible, depending on the strength of the link, because the examination of these cases before more than one court breaches the proper determination of Especially when they are related, As this link reflects the overlapping of evidence, the overlapping of the pillars and elements of the crimes, and the influence of the legal status of the accused with each other sometimes, and this would lead to avoiding the issuance of contradictory judgments between the different courts, and in addition to the above, this works to reduce time, effort and expenses, and this The considerations largely justify the necessity to combine these cases and refer them to a single court, Therefore, he set the principle of extension of jurisdiction for the judge to consider a crime that is not within his jurisdiction according to the general rules.

The consumer is every person who contracts to obtain goods or services for use in satisfying his personal needs or in a field other than his professional activity, whereas the emergency conditions are every public accident after the formation of the contract, and it is not expected to happen during the contract that results in a great difference in the benefits generated by A contract whose execution is indefinitely or permanently, whereby the debtor’s execution of his obligation as stipulated in the contract becomes extremely stressful, and threatens him with a clear loss that goes beyond the usual limit.
The rules that protect the consumer under emergency conditions are divided between general rules stipulated by civil laws and represented by the rules stipulated in them that give the discretionary power of the judge to amend the parties ’obligations to the extent that the fatigue caused by the emergency situation rises, and between the rules stipulated by protection laws The consumer, however, the consumer protection rules stipulated by these laws did not refer to special rules in light of emergency circumstances other than what the UAE consumer law stipulated.
Also, the circumstance left by the Corona virus is an emergency that requires providing legal rules that provide effective legal protection for the consumer under this circumstance.

This research, on the nullity in the commercial papers, concerns the causes leading up to the nullity in any commercial paper (Bill of Exchange, Promissory Note and Checque), either for lack or falsehood of its objective or formal conditions, depriving it from its meaned commercial paper quality.

Laws in general, and criminal laws in particular, are not issued arbitrarily without benefit or usefulness. In order to achieve this, the legislator must take into account the availability of certain conditions when promulgating special criminal laws, whether those conditions were general conditions, whether formal or substantive, or those conditions were special conditions, final or technical.
It also requires the legislator to take into account the necessity of his commitment when issuing criminal laws for specific controls, whether those controls are material or moral, so that the breach of any of these conditions or controls will inevitably affect the legal value of special criminal laws and will negatively affect their strength and ability to achieve their goals and the purposes for which it was issued.

Contemporary developments in international law systems have resulted in the emergence of many trends aimed at giving more attention to the substantive issues associated with the branches that deal with human rights issues in this law. The share of international human rights law and international humanitarian law in this interest is the largest and most among the rest of the branches international law, and many studies focused their attention on the human dimensions of the international legal rule, and on ways to enforce the rules of protection during exceptional circumstances. In the midst of these researches were attempts to establish a new theory about the development of international governmental and non-governmental efforts in the field of dealing with the idea of humanitarian diplomacy. This idea began to be presented more boldly and clearly after many convincing facts and reasons emerged that justify commitment to this idea and relying on it as a permanent work method in order to reach the achievement of peaceful premises in overcoming disasters and crises. Hence our study came in order to reshape the basic concepts related to humanitarian diplomacy and to reveal the future that awaits efforts to establish an independent theory that deals with this term and highlights its subjectivity and reveals the features of this framework of humanitarian action that includes diplomatic negotiating activity to achieve noble humanitarian goals.

The Iraqi Constitution of 2005 guaranteed the formation and competencies of the Federal Supreme Court, directed to adherence to its provisions, given that its decisions are binding and final. The Federal Supreme Court plays an important role by monitoring the constitutionality of laws and interpreting the provisions of the Constitution, This important role makes it imperative for the Federal Supreme Court to exercise its competencies in a precise manner to ensure the achievement of judicial and legal security to achieve stability in its rulings while adjudicating the various cases before it.
In this research, we will focus on diagnosing the problematic based on the work of the Federal Supreme Court to find legislative solutions through which it is possible to remove the legislative shortcomings in the organization of this important court in Iraq.

The administrative organization in the state follows the political organization, as it takes two methods: administrative centralization and administrative decentralization, according to the philosophy of the state and the form of its system of government, as well as its different political, economic and social conditions. Chief executives of public policy in the state, as well as administrative heads within the scope of their administrative units, who follow up and supervise the work of local bodies and other departments in that unit within the limits of what the law allows them to do.They have a major and important role in managing the administrative activity and a direct contribution to achieving development and meeting the needs of the local community. The method of choosing them varies according to the different systems and laws. Some of the laws resort to the method of appointment, and another section is done by election, as is the case in Iraq, which took the method of appointing the heads of administrative units in the provincial law No. 159 of 1969 repealed by the central authority, and after the change of the political system in 2003 and the issuance of the effective Provincial Law No. 21 of 2008 became the choice of heads of state
Units are elected by local councils only, and this law entrusted the councils with their dismissal and termination of services, but these councils were suspended in accordance with Law No. (27) of 2019, and the Prime Minister began exercising the competence of the councils’ work in appointment and dismissal after approaching the House of Representatives regarding for conservatives.

The administrative authorities issue various types of decisions including the confirmed decision which differs from the other types since its place is merely to repeat and emphasis the legal effect made by a previous decision, and the administrative judiciary does not accept any challenge in such decision.
This decision differs also from the new administrative decision and the negative decision since there is no similarity in the place (legal effect) in these decisions to be considered as a confirmed decision.

Electronic blackmail is an advanced technical method, resulting from the outcome of the interaction between the digital system and the criminal world. Ethical, or carrying out criminal acts in violation of the law, requests differ from one offender to another according to the circumstances and circumstances surrounding each electronic blackmail, and the offender with his requests exposes the personal rights to the abyss of danger, and puts them in the angle of damage in the event that these requests are implemented. Extortion is the cause of every offense committed by the blackmailer, because he is forced to commit it.

There is no doubt that the current democratic systems were born out of the long struggles between the king or the emperor or whoever was name, who alone represented the executive authority in all its details without any oversight, until the current political systems appeared, these systems must affect The executive authority form, whose form of implementation differs from one system to the other, was to choose the topic of “executive authority between the parliamentary and presidential system” to show the difference in the formation and tasks resulting from of the executive authority form in each system.
We find that the executive authority in the parliamentary system emanates from the parliament elected, as it is a dual formation consisting of the President of the Republic with limited authority and the Prime Minister, who has all the executive authority In Management the affairs of government.
we find that the executive authority in the presidential system consists of one head of authority, who is the president elected directly by the people, assisted in ruling by a group of ministers or they can be called consultants, the president of the republic at this system has all the executive authority in the of government without any interference from the legislative authority.
The executive authority in both systems (parliamentary and presidential) has of legislative authority in addition to other tasks that affect with the work of the legislative authority.

It has become to deal with most of life’s matters that require speed in accomplishing them, and most things are directly related to fulfillment, which is a commitment to a certain amount of money, and for technological development, it has become very easy to participate in any conference or educational courses about a slave, no matter how far away those places are from you, and it is also easy to participate And pay the subscription fee if you have what qualifies you to do so, which is your possession of the electronic wallet through which you can pay, as well as for every order you want to implement or buy any commodity or service over the Internet, it is done easily if you have an electronic wallet.

Teleworking is a system produced by technological advances in means of communication, This type of work differs from traditional work as it does not require the person to be present in the official workplace to perform the work, and he can perform it at home or anywhere else by using modern technological means, This system has many advantages, including reducing traffic jam, in addition to reducing costs for transportation to the work, as well as reducing administrative expenses for providing water, electricity and furniture at the workplace, And also Teleworking contributes to increasing production and increasing the efficiency of workers, as well as providing job opportunities more than the traditional work environment provides, In addition this system provides job opportunities for some groups such as People with disabilities, as well as women who suffer from family conditions that prevent them from being physically present in the workplace, This type of work allows them to reconcile between the requirements of their family and professional life.
Accordingly we will divide our study of this topic into three sections, the first on the concept of teleworking, and the second on the legislative treatment of teleworking in government departments, and the third section on civil liability arising from teleworking in government departments.

In this research, I will address the legal protection of the consumer via the Internet through contemporary texts and legislation for Arab and foreign countries in order to provide legal protection for the consumer through the Internet from attacking them through the Internet.
In this research, we discussed the study of the nature of the consumer’s personal data subject to protection from being attacked by exploiting it for other purposes, and the study concluded that personal data is all data related to a specific natural person in himself that includes his first name, last name, e-mail address and password Gender, date of birth, as well as all the information or data that the website requests from the consumer who wishes to register on a specific website on the Internet. The study also showed manifestations of an attack on information privacy.
The study also clarified the aspects of consumer protection in the face of the person responsible for managing personal data via the Internet, and I concluded that there are obligations that fall on the responsibility of the person responsible for managing the Internet, as breaching this obligations would entail a contractual responsibility for this official.
The research also dealt with the protection of the user in the face of third parties responsible for violations of the privacy of personal data of users of Internet sites, and the right to digital oblivion has been clarified as one of the natural rights of the person, as it aims to protect the privacy of Internet site users.

The International Criminal Court is considered an independent judicial body specialized in prosecuting the perpetrators of international crimes. It was decided to establish this court in order to protect current and future generations from the danger of crimes against humanity by holding the perpetrators accountable. Those who have been accused of crimes against humanity that threaten international peace and security, and the Court played an important role in putting an end to prevent these criminals from impunity, As the court, through its judicial role, contributed to preventing the occurrence of such crimes, which would threaten the international community, by holding the perpetrators accountable in accordance with the court’s statute, which was applied to many crimes committed in the past years, so we will try in this research to clarify the role of the court In holding the perpetrators of international crimes accountable in accordance with the statute of the Court.

Through this research, we dealt with some aspects of quarantine by comparing with some laws and special instructions that dealt with this subject, and we focused on the provisions that deal with this subject, such as the rights and obligations of the interdicted, as well as the responsibility for violating the provisions of the quarantine, through our review of the comparative laws, we find that they did not distinguish between the provisions of the quarantine and its procedures in the usual time and its provisions at the time of the epidemic or pandemic, it also regulated the provisions of individual quarantine only and did not address the provisions of group quarantine, therefore, we suggested to the Iraqi legislator to legislate a new public health law in which the provisions of quarantine are organized in a detailed manner, provided that this organization is based on weighting between the requirements of public health and the requirements of human dignity.

The characteristic of danger is one of the most prominent characteristics that adhere to products and threaten safety and security, as the modern perspective of dangerous qualities requires the establishment of civil liability for the product, which has increased with the emergence of scientific and technological progress, especially in the field of production, marketing and consumption, as the main problematic of the topic (legal safety of products with a characteristic Dangerous) is determined by the deficit in the traditional rules from the statement of the concept of risk in products, as they were limited to the statement of the hidden defect without addressing the danger in the thing, which emerged as a result of scientific and cognitive progress in the field of production and industry, and that the traditional rules were limited to dealing with commercial damages without modern damages. . Thus, it was necessary to clarify the concept of danger in products, which appears due to the nature of the product or the factors surrounding it, as well as the obligation to ensure safety from dangerous products.

The crime of forced displacement is one of the crimes that have accompanied modern times and the beginning of the formation of states, and it is one of the crimes against humanity. (Nationality), and this means the human right to live in a stable, secure and connected state, and this is one of the basic human rights that are regulated by internal and international legal legislation. Throughout the ages, humanity has been the most brutal and ferocious crimes committed against humanity, which have resulted in tragedies and disasters that the international community has tried to remedy by putting an end to their recurrence, albeit belatedly.
Displacement, in its general sense, is forcing a person or group of people to leave their original places of residence forcibly, and this is due to many reasons that we will discuss later, especially with regard to the crime of forced displacement, which is committed by state agencies or by individuals and against individuals or groups for reasons that may be religious or ethnic or national or other reasons and in an organized manner for the purpose of compelling them to leave their places of residence and in various ways.

The subject of foreign direct investment occupies a central place in international law. It is often seen as important catalysts for economic growth in developing countries and it is an important vehicle of technology transfer from developed countries to developing countries. Its basic principle, now well established, provides that foreign direct investment stimulates domestic investment and facilitates improvements in human capital and institutions in the host countries. One of the most controversial problems regarding the foreign direct liability concerns the legal hurdles that need to be overcome when a foreign plaintiff is to bring a successful foreign direct liability claim against parent company. Foreign direct liability provides that parent companies will be accountable in their home jurisdiction for negative environmental or health and safety impacts, or complicity in human right abuses in developing countries where they operate. This article examines the legal obstacles of foreign direct liability claims that focusing on choice of Law, jurisdiction of the court, political corruption and risk of human rights abuse, lack of access to justice and establishing a duty of care on the part of the parent company over the subsidiary. The present paper takes the views that the absence of domestic laws that promote responsible corporate activity has caused recalcitrant businesses to engage in activities that violate environmental laws, health and safety laws as well as human rights law. Finally, the current study identifies and analyzes legal cases in regard to these legal problems that resulting in the difficulty for victims to bring foreign direct liability claims before the court against parent company.