Keywords : international law


Minority rights under the rules of public international law Quoted

Mohammed Mustafa Qader; Salah Hassan Ahmed Al-Ezzi; Qaisar Ahmed Aliwi Hussein Al-Mafraji

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 565-595

This research contains an analysis of the texts of international instruments, declarations and international treaties that addressed the minority's right to public international law and drew the features of their basic rights and set limits for it, then restricted it with some restrictions, specifically analyzing the texts of the Charter of the United Nations and international organizations that dealt with the subject of the research, Minority rights in international law remain an important issue that has received the attention of the international community because of the impact that the issues have on the international community, as it affected its security and stability, which requires standing up to them and researching their causes and knowing the international point of view through the opinions of jurists and the decisions of international and regional organizations And the texts of the various declarations and international charters, as the research has shown non-democratic governments do not give the minority their full rights and in most cases violate these rights and expose the minority to discrimination, persecution, exclusion and marginalization, so states that contain minorities must legislate to guarantee their rights and work to prevail in the relationship Between the majority and the minority in one country on the basis of cooperation, understanding and respect rights and the rule of law and preserves their rights for all .

Trends In The International Law Of Electronic Espionage Quoted

Talaat Jiyad Legy Al Hadidi; Saad Ahmed Medan Al-Mafraji

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 578-620

الجوسسة فی زمن السلم قدیمة قدم البشریة, اما الجوسسة الالکترونیة فإنها تماماً مثل نظیرتها التقلیدیة, تنطوی على عملیات اقتحام غیر مصرح بها, ویتم استغلال على سبیل المثال نقاط الضعف الامنیة لکی تتجاوز الخوادم المشفرة والوصول الى البیانات التابعة للدول والشرکات والسفارات والوکالات الحکومیة وحتى الافراد, واحد الاختلافات الرئیسیة عن الجوسسة التقلیدیة هی الاستقلالیة الجغرافیة والمادیة العالیة التی تتمتع بها الجوسسة الالکترونیة, ذلک یعنی انه فی حالة الجوسسة على بیانات وکالة تابعة لدولة اخرى ؛ لیس هناک حاجة الى وجود شخص مادی او جهاز فی الحالة المستهدفة, ویستخدم بدلاً من ذلک الاوامر الصادرة من ای مکان وبالتالی یمکن ارتکاب اعمال الجوسسة الالکترونیة بغض النظر عن حدود الدولة . Espionage in peacetime is as old as humanity, and electronic espionage, just like its traditional counterpart, involves unauthorized intrusions, and security vulnerabilities are exploited, for example, to bypass encrypted servers and access data belonging to countries, companies, embassies, government agencies and even individuals, one The main differences from traditional espionage are the high geographical and physical independence that electronic espionage enjoys, which means that in the case of espionage on the data of an agency of another country; There is no need to have a physical person or device in the target state, and instead uses orders issued from anywhere and thus electronic espionage can be committed regardless of state borders.The emergence of electronic espionage has changed the picture and turned to espionage with economic motives as it is related to national security, and the current reality in which countries live has proven that information at times has a degree of confidentiality required, which results in its circulation, theft, tampering, transmission and spread of a kind There are risks, and the importance of this information varies, as not all of them are of equal importance, because if some of them are transmitted to others, they will result in severe damage. Computers backed by electronic infrastructure located within the territory of another state lead to a violation of the rule of territorial sovereignty, and it is also a violation of the principle of non-interference in the internal affairs of states, regardless of whether that electronic infrastructure is operated by state agencies or private actors, and therefore The rule of regional sovereignty provides an important and powerful source of legal protection against electronic espionage.

THE POSITION OF INTERNATIONAL LAW ON ASSET RECOVERY WITHIN THE FRAMEWORK OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION OF 2003

Khalid Egab Hasun; dam Smayan Theyab; Nadher Ahmed Mandeel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 582-614

Corruption is a global and continuous phenomenon because it does not pertain to a specific community in itself or a specific historical stage, and societies still suffer from the growing problem of the phenomenon of corruption of all kinds, despite all the efforts made to fight it, and it is self-evident to say that the phenomenon of corruption is a phenomenon that is fought at all international levels. All agreements affirm that corruption is an unacceptable matter, and that it has become a reality that warrants punishment, but the problem is at the present time that the regular measures and mechanisms are insufficient to combat corruption because it differs from traditional crimes, and then there must be carefully studied and objective strategies that take Consider all aspects of this problem. Therefore, combating corruption may become impossible in the absence of effective and serious cooperation between states parties in combating corruption at the national and international levels, as the states parties are obligated to cooperate with each other in order to exchange technical assistance, expertise and information related to corruption, especially cooperation in investigations and procedures related to civil matters. And administration related to corruption,Stolen assets due to corruption pose a serious problem for the leakage of state funds. As these monetary losses undermine good governance, weaken state accountability towards citizens, and drain development resources. Efforts exerted at the global level to improve asset recovery have tended to focus on tracking financing, outlining the legal obstacles that hinder their recovery, and negotiating ways to return the funds. Developed and developing countries alike are responsible for stealing assets and marginalizing initiatives aimed at returning them to the countries from which they were stolen. And when banks, in the north and south, provide a safe haven for asset recovery, they are profiting from corruption.

COMPENSATION FOR DAMAGES IN ISLAMIC JURISPRUDENCE AND PUBLIC INTERNATIONAL LAW

Talal jasim humade

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 255-275

The issue of compensation for damages dealt with in Islamic jurisprudence and general international law needs to delve into and contemplate both subjects, and we have seen that Islamic jurisprudence has paid great attention to matters of compensation and the imposition of tort liability, whether on the private or public level, based on what was stated by the Noble Qur’an and the Prophet’s Sunnah. As for general international law, it relied on jurisprudential theories and statutory laws in the field of imposing international responsibility on those who caused harm from among the public international law persons or individuals who belong to these persons. The subjects of compensation varied from time to time and caused the loss of the rights of others at the international level as a result of misuse. And the application and global control of the major powers over the executive body represented by the UN Security Council, which follows the United Nations

The use of smart weapons in war in accordance with international humanitarian law

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 54-82

The use of smart weapons appeared to be largely and influential in the field of various wars, whether traditional or contemporary, and many questions began to raise themselves about the legality of the use of these weapons and the extent of their compliance with the rules of international humanitarian law and the possibility of its application, whether on the weapons themselves or their users and even the companies that manufacture them, in addition to The extent to which these weapons are able to implement the rules of international humanitarian law by themselves without any human intervention, and what are the difficulties they will face and the possible solutions to them, especially since the development of these weapons is directed towards excluding people from the decision-making process, in contradiction with the fact that the current international humanitarian law seeks to achieve Its goals are to reduce the brutality of wars and bring some humanity to it.

Electronic recruitment of women under international law

Salwa. A.Maydaan

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 149-188

The terrorist organizations in their various labels have focused on resorting to the most vulnerable groups, especially women, for the purpose of recruiting them not in the traditional material form, such as schools and mosques, or the exploitation of the needs of those in slums in some cases. Nationally and internationally, but called on these organizations to search for another tool, they took advantage of electronic media tools as a variety of use and cheap, It helps to hide from one side and reach the target groups everywhere in the shortest time. This phenomenon has become a humanitarian catastrophe by all standards, in addition to the international community standing by all its laws and organizations unable to fight or limit it. The international community, especially the countries of the world, will pay a greater price if it does not survive and fight this phenomenon and transnational crime, especially as terrorism spreads in the world quickly with its various tools and mechanisms.

The position of International Law from Cyber Attack

Laith.N.Hameed

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 402-428

The cyber attack is extremely important for its disastrous effects on the state and its public facilities, as well as its direct impact on the country's civilian population, Electronic attack is the result of the development of society and the technical complexities that occurred after the technological revolution in the world, All the governmental and non-governmental facilities have been electronically managed, International legal systems initially do not deal with it as a threat to the security and sovereignty of the state, Nowadays, There is no way to get rid of this threat just to apply the rules of the Charter of the United Nations and some treaties on the law of space and armed conflicts to this new type of weapons, the resulting force exceeded in some of the affected country, such as Estonia, the power resulting from nuclear weapons, has led to almost complete disruption of all life facilities in these Countries.