Keywords : legal adaptation


LEGAL QUALIFICATION OF ISIS CRIMES AGAINST THE YAZIDI KURDS

Saman Abdulla Aziz; Rebwar Jabbar shexa

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 346-392

The Islamic State of Iraq and Syria (hereinafter ‘the ISIS’) as an extremist organization had and continues to commit several crimes against the Yazidi Kurds as an ethnic component since 3/8/2014 in Iraq. The crimes took the forms of systematic killing, pillage, enslavement, captivity, rape, displacement and destruction of villages in the area. The facts and evidence obtained, indeed, prove that these crimes do not fall under the Iraqi national law only, but also fall under international law. The reason is that the nature of the crimes committed are in violation of the statute of the International Criminal Court, international criminal law and international humanitarian law, as well as many relevant international agreements and protocols. At national level, these crimes are also in violation of the applicable criminal laws in Iraq and the Kurdistan Region, such as the Penal Code and the Anti-Terrorism Law. In addition to these crimes, this component’s sufferings were worsened due to the absence of prompt justice to hold most of the arrested members of the ISIS accountable in front of the law until the moment writing this research. The main dilemma in this context is associated with the difficulty of filing a complaint against the ISIS members before the International Criminal Court since Iraq is not a party to the Rome Statute, and it has not accepted temporary jurisdiction of this court for these crimes. Meanwhile, the Iraqi government did not take any step forward to bring the case against the ISIS members before the Iraqi judiciary, which seems to be due to political and many other legal reasons. This research addresses these legal aspects and analyses them within the scope and subject of research.

Legal adaptation of administrative decisions issued by Kurdistan Regional Government (An analytical study)

Falah.M.Sadek

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 402-443

Abstract

The research is marked by (legal adjustment of administrative decisions issued by the Kurdistan Regional Government - analytical study) Thread through two sections, the first section title (definition resolution administrative), which in turn split into two demands where among the first demand concept of the administrative decision and types, either in the second requirement It has been addressed to the sources of the administrative decision.
The second section, entitled (legal value for administrative decisions issued by the Kurdistan Regional Government), he is divided in turn into two demands, where among the first demand legal basis for administrative decisions issued by the Kurdistan Regional Government, while the second requirement contained models on administrative decisions issued by the Regional Government Kurdistan, then concluded our search to a conclusion which we reached a number of conclusions and recommendations, and God bless.