Volume 6, 21 part 1, Spring 2017, Page 1-562

Protection of women from trafficking at the international and national levels (Research)

Salwa.A.Maydan; Nozad.A.Alshwany

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 1-40


The importance of this research is that it deals with the protection of women from human trafficking as one of the most important transnational crimes, which ranks third after the drug and weapons trade in the world, and represents a new form of slavery known to humanity.
The international community, represented by the United Nations, has made great efforts to counter this phenomenon and to minimize its negative effects. Efforts have finally resulted in the adoption of the Protocol for the Prevention, Suppression and Punishment of Trafficking in Human Beings In particular women and children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.
This is in order to reach the fact that the crimes of human trafficking began to take an important place at the level of international law and national legislation. The figures and statistics estimated in this regard exceeded expectations, which means that there is a real problem calling for concerted international efforts to fight this phenomenon, Necessary to combat all images and forms taken by human trafficking crimes, and to carry out legal reforms for the protection of victims commensurate with contemporary events, all of which led us to allocate this research to this subject.

Protection of civilians in non-international armed conflict from the perspective of international humanitarian law (Legal study)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 41-109


International and non-international armed conflicts (Civil War) - which must be distinguished from what has been suspected by other types of conflicts - in case they break constitute grave imminent danger especially natural persons, whether they are individuals who participated in the fighting and then become unable or left the fighting because of injury or falling in capture, or those who do not participate in the fighting, especially defenseless civilian population which their lives may be at risk because of that caused by the armed conflict of catastrophic and serious effects threaten their lives and their entity and their sources of livelihood, thereby forcing them to flee and forced displacement of their areas of residence which revolve in the raging hostilities, creating a state of grave violations of fundamental human rights of this category of people often up to war crimes and crimes against humanity and even genocide, which requires legally urgent intervention to confront and address the humanitarian catastrophic situation resulting from armed conflicts specifically, the internal armed conflict (Civil War). The rules of international humanitarian law embodied by the Four Geneva Conventions of 1949 and their Additional Protocols of 1977, gave serious concern in their provisions to the protection of natural persons, wounded and sick, prisoners and the civilian population. The international community had to find international rules and effective international legal systems to face the very serious humanitarian phenomenon generally, caused by the armed conflict and particularly, caused by the internal armed conflict namely the phenomenon of refugees and displaced persons within their own country (IDPs). These legal rules and regulations are embodied in the Convention on the Legal Status of Refugees of 1951 and the Protocol of Legal Status of Refugees of 1967. Although the efforts done by the International Committee of the Red Cross and United Nations High Commissioner for Refugees and other specialized institutions in the face of the phenomenon of refugees and displaced persons (IDPs), but still these people are suffering from very difficult inhuman conditions which requires the intervention of the agreement not only at the international level, but on national one too, but especially also by the state which military operations are taking place on its territory, it should work to find a capable and effective legal rules so as to face and treat sever conditions of (IDPs) and refugees, and it must enter into international humanitarian agreements, not even the countries which are not included in the international Criminal Court System of the Rome Statute of 1998 that they should join this system in order to reduce serious violations of international humanitarian law. Furthermore, the countries concerned should take all necessary measures and effective procedures in order to put an end to the suffering of displaced persons (IDPs) and providing the requirements of free and dignified life such as what they were before their forced displacement and their displacement from their home areas.

The role of the national and international public prosecutor in crimes

yasir.M.Abd alla; Parez.F.Youns

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 110-144


After the state function turned from the Guardian to the legal function, public prosecutor has become a job which received the attention of countries in the world by highlighting the state's role in protecting members of the community because of the work of criminals, who make up is always dangerous and worrying countries factor, and that the function of the Attorney General did not remain near to inner courts of the States only, but beyond it to the international criminal courts established after wars or crises before, and today this function is found in the international Criminal Court, which has established in order to protect the international community from Conception criminals and their crimes and bring them to justice.
As this function formed a vital and important factor which we decided to highlight it in our research this through the statement of the national public prosecutor in terms of its origins and its role during the phases of the crime to punishment on the one hand, and on the other hand, we talked about the prosecutor and highlight the existence of at the international conventions and its role in stages of the trial of the criminals who make up their jobs threats and hurting peoples, begging from the investigation stage through trial and appeal the verdicts and decisions of international courts.

The role of entomology in criminal evidence


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 145-173

Insect users do not know perjury or complicity with perpetrators against the victim. No recourse to lies cheap for the benefit of private. Dees not accept corruption receivables and deals mutual interests biased justice absolute alone and reveal crimes and gives innocence defendants who are subject of unjustly and slander it can be investigators to use them in most of criminal investigations the data taken from insects can be useful to the investigations of forensic medicine. Thus will take a light on the role of entomology in the field of criminal where whenever evolved methods of crime complicity find behind the truth and changed so methods and tools track prosecute the perpetrators detection scientific and development of the means the increasing met this follow this means of scientific and technical access to the highest levels of the business intelligence criminal where cannot dispensing them to get to the truth.

The role of administrative judiciary in the implementation of laws and financial decisions A comparative study

Ahmad.K.Aldakhil; Fwaiz.K.Dahir

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 174-207


We find that the rules of legality require in the rule of law that the executive authority to implement the laws and the minimum administrative authorities to implement the decisions issued by the higher administrative authorities without interference from any other party, the implementation of laws and administrative decisions in general and financial, especially from the original competencies of the executive authority in all formations And its various administrative bodies, according to its competence and location. However, the administration may refrain, delay, delay or implement a deficient or truncated implementation in order to gain time or money, especially since these kinds of laws and decisions result from the mere delay in Which may cause great harm to the person who issued the law or the decision in their favor. A law may be issued to require a certain ministry to grant certain financial privileges to a class of citizens. However, this ministry is hesitant to issue instructions to its departments concerned with the implementation process, which removes the law from its content and makes it merely ink on paper. A specific administrative body shall issue a decision to grant a specific financial right to an employee in one of its formations. Such formation shall be delayed or the execution of the implementation shall be delayed in contravention of the content of the decision issued by the higher department.

Principle of specialty integration in the basic system of the international court


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 208-246

As we have seen in the context of then paper the importance of the specialize integration of the international criminal court as one of the cornerstone of the system ,in which criminal be able to escape the punishment of their crimes.
The paper consist four main sections .In the first one we discusse the speciality integrated of the internationals court throush highlishting the principle of integration before we define it .In the second section the discussion covers the speciality of the international criminal court throush three main points ;
Objechvity - 1
Subjechvity -2
Time -3
In the third sectio the paper focus on the main obligation on the states in order to achieve the main obgechves of the integrated principle over the states who has a link with the e ,then with the states who has no link in the last section ,the discussion cover the legal integration ,the judicial integration and executive integration , then the main conclusion and recommendation has been totted down.

International protection of underwater cultural heritage


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 247-284

The underwater cultural heritage is an integral part of the cultural heritage in general. It includes all the effects of the underwater human presence in whole or in part for a period of not less than one hundred years. Considering the artistic and material value of this heritage, it is subject to looting and looting especially in places Which is outside the limits of the national jurisdiction of States, the international community has endeavored to find a legal mechanism to provide the necessary protection for this heritage. The UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) The legal nature of this heritage, as well as the legal status of this underwater heritage beyond the limits of the national jurisdiction of States, not to mention the insufficiency of national legislation, where national legislation is rarely available Whether Arab or foreign, for the protection of the underwater cultural heritage, which necessitates redressing this matter and working locally or internationally to find the means necessary to protect this heritage.

The principle of the supremacy of the Constitution and ensuring its respect Comparative analytical study


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 285-338

Perhaps the most important risk Facing the constitutions is the assumption that the rules of the amendment or change constitution in the same way that adjust to the Ordinary Laws that put them. But also the danger lies in the possibility of issuing any legal rules of the rules are different and Contrary to the content of the constitution and the reality of the situation confirms that the rules governing the exercise of power is in fact constitutions restriction on the rules in exercise of power.
In other words , that these rules are superior to governors who are subjected to them . However , the need to kept the constitution prestige and it is supremacy emerged in an attempt to pass some Kind of likle between the two types of absolute and unrestricted , Even political sovereignty power be her sovereignty and at the same time restricted by law crystallized the principles of his Highness the constitution and if any ligea principle remain just ink on paper or just theory has beenin fact it was necessary to establish some kind of control set by the rulers as a kind of guarantee for the principle of his Highness the constitutions and this we may be try statement in this study.

The effect of the sex of the offender in the application of the provisions of the Penal Code


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 339-381

Most criminal legislation have taken (offender sex) as a standard to arrange some legal provision under penal code , it puts man in a better position than woman in term of punitive treatment . Despit international and constitutional principles on non-discrimination because of sex towards law.it has been notied that in Iraq the criminal legislature has enacted the penal code whith some rules that discriminate between man and woman in term of punitive treatment, as in the case for the rules concerning marriage adultery and rules concerning the legal excuse for munder and abuse in the Act of adultery.

Legal Protection for Confidential Information in International Oil and Gas Contracts

Mohsim.SH.Salih; Rdhwan.SH.Salih

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 382-419

Oil and gas contracts often hold exclusive technical information and business knowledge. Therefore, governments and International oil companies put confidentiality clauses in their contracts which forbid the disclosure of the contracts. This paper explains confidential information and the basic requirements for this information in order to make it confidence. It attempts to answer the questions: What are confidential clauses? How is a party liable for a breach of confidence over the information? The paper shows that in the event of breach of the confidential information, a number of defences and remedies are available in the oil and gas contracts.The research methods are adopted in this study include the analysis method and the legal method. The research questions are answered through extensive study of the relevant literature and based on statutes and case law.

Controls the independence of the Federal Supreme Court in Iraq in terms of composition A comparative study


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 420-462

the subject of the constitutional judiciary and its role in the maintenance of the provisions of the Constitution from violation became important because of its connection with legally state. So asserted constitutional jurisprudence on the necessity of enactment in the constitutions the existence of a regulatory body with their supreme for rulings adjudicating disputes and constitutional issues determined by the Constitution .So the constitution take care of Constitution organizing of the body in terms of formation, in order to be
The Iraqi State Administration Law for the transitional period of 2004 and the Constitution of Iraq 2005 was enacted on the establishment of the Federal Supreme Court in Iraq as a constitutional specialist court, and based on the Constitution of 2004 was issued the Federal High Court Act under Order No. (30) For the year 2005 which is in force until now for non-issuance a new law of the Court according to the 2005 Constitution.
There is a difference in the attitude of the former Constitutions concerning the formation of the court, and this difference appears from where both of them enacted on the mechanisms of formation of the court, since the Constitution of 2004 stated of these mechanisms but The 2005 Constitution did not address it. As well as in the number of members of the Court, because the Constitution of 2005 the number of members did not determined while the Constitution of 2004 determined a number by nine members, as well as the differences between them in the availability of technical efficiency in the members, also the 2005 Constitution makes compulsory that the court include a number of judges and experts in Islamic jurisprudence as well as jurists in the law but the Constitution of 2004 limited the membership of the Court by judges. This is in addition to some of the shortcomings in the attitude of the Constitution of 2005 about the mechanisms formation of the court where which negatively affects the extent of independence in direct competence.

Substantive Pleas in the Contractual Liability Claim Arising Out Administrative Contract “Comparative Study”


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 463-506

Administrative contract is considered one of the legal acts that are taken by the administrative authorities in order to carry out its responsibilities in an organized and continuous manner for the sake of assuring the sustainability of public services. This contract, as same as of mutual contracts may accompanied by some problematic issues during of its performance due to the non-implementation of contractual obligations by one or more of its parties. The matter which may lead to the arising of contractual liability and therefore the plaintiff seeks remedies through court litigation. The administrative contractual liability differs from the private contractual liability from the aspect that such a liability may arise despite of the non-existence of the wrong act and regardless of any damages on the administrative authority.
When courts hear contractual liability proceedings both of the contractual parties submit their pleas, which could be either procedural or substantive pleas. In both cases it is not possible to limit or deny the hearing of the proceedings on the bases of non-existence of the litigation rationale.

The crime of theft via electronic means (A comparative study)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 1, Pages 507-562

The modern scientific means have advanced and the purpose of their advancement is to benefit the human and repair the situation, but some may exploit these means wrongly so that the act is a crime, and theft was limited to money and property only, but the theft also affected electronic information stored in And the scope of crimes committed on the money through the Internet is very broad and cannot be limited because the difference in the adaptation of the facts did not settle on the opinion, especially in light of the legal vacuum, and on the other hand the growing scope of these crimes and the creation of the daily New methods of fraud, vandalism and the acquisition of money and ideas, I cannot limit all types of crimes on the Internet through drugs, the arms trade, violations of intellectual property rights, money laundering, which usually takes the form of organized crime, Criminal acts and practices.