TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

The Concept of human rights along with the notion of achieving justice witness some development that Come because of the dangerous infringements that attend the two world wars . As a result , the international society starts to concentrate on taking Care of human rights and specially after the Second World War. Two penal Court are established and the aim is to take legal action against the leader who Were responsible to infringe human rights. The international society goes on deeveloping specific legal styles to protect human rights and a result , the essential system of the Penal International Court becoms relyable . The aim of this research is to Concentrate on the role of the International penal Court in defending the right of Looking for justice .

This paper sheds light on personal criminal jurisprudence of internal security forces courts, which are specialized in trialing specific group of individuals: internal security forces employees. The paper tries to explain the legal nature of the rules of its jurisprudence as well as the constitutional and legal nature of its judicial structure. The researcher found that its jurisprudence in all of its types is considered a part of the public system and that its judicial structure has a dual nature that differs based on the types of the crimes trialed by such courts. So it is considered specialized court (regular judiciary) when its jurisprudence is limited to pure military crimes committed by policemen, provided that the president and members of the court fulfill the required conditions for being judges, while they are considered court of an exceptional nature (special) if they are looked at from the viewpoint of being specialized with public law crimes without considering the traditional regulations for appointing judges.

Despite the Iraqi legislator’s definition of the lawsuit as (request) and confusing the concept of lawsuit with the concept of judicial claim when it defined the lawsuit as (a person’s request for his right from another), however, it permitted the transfer of some lawsuits by succession in which the right holder submits a judicial claim, the legislator allowed the transfer of the right The lawsuit, and if it has not yet been proven that he has defined the concept of lawsuit, and the reason for this is that the lawsuit is prior in existence than the judicial one, and it is known that the civil judicial activity is an activity that is required and not automatic, then it is incumbent on the one who claims a right to go to the judiciary to request judicial protection, by filing a lawsuit and with what The case assumes that there are two opponents between whom the dispute arises, namely, the plaintiff and the defendant. The plaintiff is the person who goes to the court asking for a ruling in his favor at the expense of his opponent. Therefore, the plaintiff has a right. He is here considered the positive party to the suit. It expires with his death, but his heirs succeed him, and they have the right to continue the litigation procedures towards the debtor of their legator. And it comes to his successor only. As for the litigation related to the inheritance and the judiciary’s position on it, the Federal Court of Cassation in Iraq has approved contradictory principles and decisions regarding adding the lawsuit to the inheritance as a legal person independent of the heirs, or that the lawsuit is filed against the heirs in their personal capacity, considering that the heir owns the money that belongs to him of the estate upon death, and this in turn was reflected in the conflicting rulings of the courts in this regard
And that the objection of others to the judgment differed in its treatment between the laws under study, and this in turn was reflected in the subject of the research. The subject of the study has stipulated, in addition to the above, that there be fraud and complicity in judicial representation or legal representation, and the burden of proving fraud in the case falls on the general successor.

The stage of rebuilding states after the end of the armed conflict is considered an important and difficult stage at the same time. Therefore, these countries and the international community must take all necessary precautions for the success of the process of rebuilding these countries. One of the most important reasons for its success is the focus on respecting human rights in those countries, especially by emphasizing the principle of equality and the principle of non-discrimination, as well as by focusing on the principle of accountability and enabling victims to access justice, The fact that the lack of focus on these principles constitutes a major reason for the return of armed conflict and the failure of the process of rebuilding the state, Here, a major role for the United Nations should be by linking assistance to these countries with respect for human rights.

The subject of our research is to determine the extent to which the jurisdiction of the Iraqi administrative judiciary has been achieved, whether at the level of the federal administrative court or in the Kurdistan Region of Iraq, which has become a special administrative district under the law of the Shura Council for the Kurdistan Region - Iraq No. 14 of 2008 for the control On the administrative decisions of the administrative bodies in the region similar to the comparative legislation and federal Iraqi legislation, Since the realization of the spatial jurisdiction of the judiciary requires the existence of multiple courts and the distribution of these courts on the territory of the state according to the administrative divisions of the state and not limited to the center only because it is of great importance in facilitating the task of challenging the litigants by bringing the appellants to them, On the extent of achieving the spatial competence of the Iraqi administrative judiciary, we need to examine the existence of multiple administrative courts and distributed to the appellate areas or the possibility of forming in the near future and the position of both federal and Kurdish legislators .

The consequences of the issuance of the ruling to cancel an administrative decision is the absence of that decision and its consideration as non-existent and the extension of that retroactive effect from the date of its issuance, and this results in an obligation on the administration to implement the ruling, that is, it has an obligation to rearrange the legal centers, and return the situation to what is It is upon him before the issuance of this ruling, and this impact is of great importance on the rights of employees, as well as in putting the ruling against them into effect, and this is what preoccupied every writer and jurists of administrative law in Iraq and other countries, several legislations and rulings of the judiciary were established to ensure the proper application of this implementation and required responsibility management in violation of that.
In the event that the administration implements the abolition judgment and returns the employee to his previous job and returns the situation to what it was before the issuance of the judgment ruling for cancellation, here the management must compensate him for the lost earnings and the damage he sustained. Therefore, we must indicate the financial and non-financial rights of the employee who He was returned to his previous job, and compensated for the damage he sustained as a result of the illegal disciplinary decision being issued.

It is no longer sufficient for the drafter of legislation to rely on a set of principles, foundations and controls for legislative drafting and to adhere to its codified and unwritten restrictions, to produce sound legislation of quality and effectiveness when applied. Rather, there have become special techniques for the drafting stage that the drafter must adopt in order to advance legislative drafting. Among the most prominent These legal techniques are a technique of behavioral law that simulates the psychological aspect of the addressees of the legislation, so it can be invested both in terms of the method and method of legislative drafting or in terms of forms and types of penalties that may be included in the drafted legislation.

The principle of clarity in the provisions of the constitutional judiciary is of great importance, because when these provisions are clear, easy and understandable to the addressees, they would achieve judicial and legal security for the addressees, because ambiguity and lack of clarity in judicial judgments contribute to interpretation, and thus individuals lose confidence in the judicial institution.

International humanitarian law is one of the branches of public international law, which aims to alleviate suffering on the battlefield by protecting people during war and protecting places not related to hostilities.
The concept of conflict in gray areas focuses on the space between war and peace that arises when actors employ multiple tools to achieve political and security goals through activities that are ambiguous, and that go beyond the limits of traditional competition, but they are located in an area below the level of full military conflict, and ambiguity still surrounds the nature of the conflict, The international legal system applicable to armed conflicts, especially with regard to their legal qualification.

Artificial intelligence is characterized in related to its inherent advanced technologies according to its material and moral dimensions, as this requires determining its legal nature that corresponds to the responsibility that can arise from its damages in all legal situations, and which requires achieving the principle of equality in order to protect public and private interests.

When studying discord and its impact on the marital bond, the issue takes two axes. The first relates to the discord that necessitates the dissolution of the marital bond, in which several conditions are required for the dissolution of the marital bond, as it must be what makes it impossible for the marital bond to continue without hardship on the husband and wife, and that the judge has the discretionary power In considering the discord presented to him as a justification or not justification for the dissolution of the marital bond, and this derives from the special circumstances of the spouses and the evidence of the case, and that this discord continues and exists without calm, and leads to the deterioration of the situation between the spouses and the weakening of the marital relationship, but if a rift occurs, for example, once or twice It was corrected at the moment of its occurrence, and marital life returned to normal, for this discord is considered temporary and is not a justification for the dissolution of the marital bond, and also this discord should not arise from mere differences in views and opinion, as they are differences that are almost familiar between people. Conditions The task of the two arbitrators begins with an attempt to remove it and make reconciliation between the spouses. The dissolution of the marital bond.

The joint venture company is the ideal model for people's companies, as it is based on a personal consideration between the partners, as it consists of natural people united by knowledge, kinship, friendship and mutual trust, which distinguishes it from the rest of the other people's companies, so the joint venture company is established in order to achieve a specific goal and purpose, but the company can intercept Certain circumstances and emergency conditions are a reason for the impossibility of achieving the goal and purpose for which it was established, and thus it becomes expired, and these emergency conditions and conditions are due to the personal will of the partners, including some that are not due to their personal will, we will address in this study Special methods for the expiry of the joint venture by shedding light on the voluntary ways to cease it, the involuntary methods to cease it, and knowing the position of Iraqi law and other comparative laws.

The issue of climate change is one of the modern topics in legal studies, and one of the most important environmental problems caused by the increase in human activities and the increase in consumption of non-renewable energy sources, imposed by the rapid developments known to the international community, which threatens food security, as it occupied an important space in studies, especially international ones. And it has become a danger that cannot be ignored, which requires the international community to pay attention to this problem and find ways to reduce it in order to secure human life and achieve food security, and from here we addressed the issue of ((the impact of climate change on food security))..

The global market for electrical and electronic equipment is growing and developing very rapidly, and as a result e-commerce has flourished, while the life of these products has become increasingly shorter, and disposal is very difficult and dangerous because it causes severe environmental damage, and dangers to human health, especially Children and women who work in the informal sector, which represents a challenge to the authorities concerned with human health and environmental cleanliness in developed and developing countries, and based on these constants, we must frame this problem and find out its causes and the extent of the damage it causes, to determine the priorities to be taken in the face of what is exposed It has serious effects on children due to electronic waste.

The idea of the research is to clarify the legal status of the Security Council, and to indicate its great importance as one of the main organs of the United Nations, clarifying its great importance as the executive organ and the effective tool of the United Nations Organization, highlighting its membership in its permanent and temporary branches, its individual competencies and common functions, and how the dispute is presented to it in accordance with the provisions of the Charter. The nature of the resolutions and recommendations issued by it and their legal value, and this requires a statement of the extent to which the Security Council adheres to the substantive and Objective procedural conditions
in issuing resolutions and the controls for their legitimacy, without any distinction between major countries and other medium and small countries, in the presence of an international system in which the balance of power is in control. The nature of the resolutions and recommendations issued by it and their legal value, and this requires a statement of the extent to which the Security Council adheres to the substantive and procedural conditions in issuing resolutions and the controls for their legality, and this is that there is no distinction between major countries and between medium and small countries. Under the existence of an international system, the balance of power is in control. This happens in accordance with the existence of an international system in which the balance of power is in control, namely, the five permanent members of the Security Council, which, according to the provisions of the Charter, have the right of veto for any decision that contradicts their international policies and their own interests, so it was necessary to discuss the abuse of use the right of veto, or excessive use of it without justification. The research concluded that it is necessary to reform the legal system of the Security Council in terms of redistribution of membership and the voting system, on the basis of the principle of equality of sovereignty among member states, which requires strenuous international efforts to carry out a difficult and difficult task, and an unattainable security, represented by amending the Charter of the United Nations.

The rapid development in the diversified investment field requires us to pause to shed light on it and explain its concept closely. Among the most important of these projects that have begun to spread are the cities and industrial areas, which are an important economic and investment pillar in any country.
As the cities and industrial areas overlap in which various and different projects in the industrial field overlap, and they certainly need a legal system of their own to organize and follow up.
The complexity and diversity of cities and industrial areas in any country and the presence of local and foreign investors who establish or develop these industrial areas and cities needs a statement of the authority to settle their disputes that may appear in these areas and cities of a special legal nature as long as there are different and intertwined legal relations in that between the authority Licensed, investor, developer and others.
Accordingly, many of the legislations regulating industrial cities and zones dealt with the means of settling their disputes and indicated the method followed in this regard as in: the Iraqi law in the Iraqi Industrial Cities Law No. 2 of 2019, and the regulation of the Saudi Authority for Industrial Cities and Technology Zones No. 235 of 1422 AH and its executive regulations., which Here, it is necessary to shed light on the cities and industrial areas and the way to address comparative legislation to resolve their disputes in an easier and optimal manner between the parties to the conflict.

The need for amicable means to resolve disputes in general, and labor disputes in particular, has become one of the basic requirements in our time thanks to its neutral approach and the participation of the parties involved in the field of work in finding positive solutions to their disputes, the ease of conducting them at the appropriate times before they reach the competent judiciary, whose procedures are difficult, complex and slow procedures, so the parties have resorted to it to overcome the obstacles that may direct them and the complex formal procedures to which the dispute before the court is subject.

Delay in executive procedures means that the execution department refrains from continuing execution at the stage of the proceedings.
One of the reasons for the creditor is that it does not respond to the requests of the Directorate of Execution, or that it leaves the executive deed without review, and there are other reasons to indicate the text of the law, or a third person has a hand in the delay, and the delay in the implementation of a number of effects, including during the delay , Including after the expiration of the delay period, where the Execution Directorate refrains from pursuing executive actions at the point where it has reached, if there are funds seized for the debtor, and these funds remain in custody but are not delivered to the creditor, if the cause of the delay, The Execution Directorate either resumes execution from the point where it stood, It restored the situation as it was before the delay.

E-government services and the products of technological development, which are clear, are a means used by various governmental and non-governmental agencies in the conduct of their work and reduce the burden of red tape and administrative bureaucracy, as it achieves speed in transactions and also reduces cases of corruption and collusion that can tamper with the rights of individuals and the state together, and in order on that The decisions issued by the administration in this form need a legal force that is comparable to what the ordinary decisions enjoy, as it is considered an argument in proof and binding on the one to whom it was directed.

Digital drugs are one of the concepts that have recently wide spreaded , due to the great technological development in wide areas of life. This concept has caused many legal problems, especially that most of the criminal laws did not adopt a clear position towards it, nor did it criminalize the issue of abuse and addiction to listening to music, Either because of their nature and not being compared to real or realistic drugs that are criminalized in accordance with the provisions of the law, or because the effect of these tones from a medical point of view on the mentality and health of the abuser or addict has not been proven. This required an explanation of the concept of digital drugs, and the impact of modern technology on its spread, with a statement of the position of criminal laws on this concept, including the Iraqi Narcotics and Psychotropic Law No. (50) of 2017.
We ended the research with some results and proposals, including the amendment of the Iraqi Narcotics and Psychotropic Law No. (50) of 2017, to include in its scope the issue of criminalizing the promotion, abuse and sale of digital applications that can have an impact on the mentality and health of the abuser or addict.