issue 31 part 2


THE MECHANISMS AND MEANS FOR PROCEEDING BEFORE THE INTERNATIONAL CRIMINAL COURT IN THE APPLICATION OF THE RULES OF INTERNATIONAL HUMANITARIAN LAW

Hassan .M. Al – Hadid; Rafif .T. Al - Samarrai

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 1-25

The establishment of the International Criminal Court is an unprecedented step in human history, which would create an international judicial authority to ensure the rule of international law and the application of the provisions of international humanitarian law. Attention has been paid to the establishment of such courts in recent years through international organizations, international conventions or certain UN recommendations, since the presence of the court is a Deterrent factor that may prevent the commission of crimes or think about it as the trial becomes a reality when the elements of the crime and its elements, because the existence of a judicial body is ready to initiate the investigation of crimes. The intiation of States to the Statute of the International Criminal Court is of great importance and reflects the interest of States in issues of international humanitarian law and human rights. The facts relating to a State not party to the Statute, whether the case is referred to by the Security Council, and that it is in the interest of States to be a member of the Statute for the advantages of the discussion of its articles and the opinion and participation in the amendments contained and make it more comprehensive of international crimes, we have the bodies and the organs of the Court and the mechanism to file a lawsuit and indicate the importance of joining them especially by the Arab states to ensure their interests and protect the rights of their peoplesWe divided the research into two sections, the first part dealt with the organs of the International Criminal Court in the application of the rules of international humanitarian law, which is in turn divided into four demands including every requirement of the organs of the International Criminal Court,As for the second part, we explained the mechanisms of the proceedings before the International Criminal Court divided into three demands, as we explained the parties that have the right to refer the case to the International Criminal Court.

THE FOUNDATIONS OF SUCCESSFUL CENSORSHIP OF PUBLIC SPENDING IN GOVERNMENT GOVERNMENTAL CONTRACTS

Saad. A. Hamad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 25-60

The control of public expenditure in government contracts is of the utmost importance in determining the prominent position that has stabilized the view to control the implementation of public expenditure. Therefore it is necessitated to provide what this required control needs sush as material and human supplies and other information systems, we concluded that the balance between the rights of the observer and the size of his duties avoid legal responsibility, and provides him with neutrality and independence. Thus, the expansion of the state and the associated formations was necessary to highlight the attention to administrative rules and standards .As sush, the importance of internal control in terms of not confined to a person or a group of people by completing all stages of control. It is concluded that the formation of management system in accordance with a regular structure is necessary to take account of the desired specialization at each stage. Finally, most censorship mechanisms worldwide have adopted the efficiency and performance control which required the attention of economic and technical rules and standards as well as accounting and financial ones .

THE LEGAL EFFECT OF OWNERSHIP CLAIM IN THE CASE OF REMOVING THE COMMON PROPERTY (A comparative analytical applicable study)

Saddam . K. Yahya

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 51-80

The claim of ownership is a real estate claim that relies on a property or right of disposal established by the buyer when certain conditions are met, namely that the buyer pays the price of the entire property, and to build in the residential property, or to plant in the land with the right of disposition, and dwell the property without written opposition from the seller.As for (common property), it is a form of ownership in which the thing is owned by more than one person, so that the share of each of them is not presented in a particular part, and the partner is not forced to remain in common unless there is a condition or provision in the law. The partner who does not wish to remain to sell his share or to request the division of common money. However, the case of the removal of the common property is affected if a lawsuit is filed in the ownership of common shares in the same property. Therefore, the link between the suits is shown, the lawsuit to remove the common and claim ownership, so it is a must the delay of the removal until the decision on the ownership claim because this would affect the shares. The relationship between the two claims arises not only in the process of proceeding, but after the judgment of one or both of them. The result is an objective issue related to the amount of shares of the partners in the common money and procedural effects relating the ownership claimer or the partners of common property in challenging the decisions of the judge of the court, and also the expenses of the two cases.

DEVIATION OF POWER AS THE OBJECTIVE OF THE DECISION TO DEPORT THE FOREIGNER AND ITS EFFECTS

Firas . M. Shehab; Dia . M. Mahdi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 81-103

The public interest of the State requires freedom free to establish the appropriate legal regime to which foreigner are subject to its territory so that if they threaten public order or the national security interests of the State , it would have to take the measures to enable it to restore security and order to normal. This authority enjoyed by the administration against the foreigner is not an a goal in itself but a means of achieving the main objective which is protecting the interests of the society. So if the administration deviates from the use of this power by producing orders to achieve objectives that are contrary to the interests of the society, then its decision is defected of deviance in power, which negatively affects the rights and freedoms. We have found through our research that the phenomenon of deviation in the use of power has many forms. The most dangerous form is deviation towards private benefit or intrigue foreigner for any reason, which naturally imposes supervision of the administrative legal scrutiny on the deportation decisions for foreigner. the administrative legal scrutiny can abolish these orders if the concerned Minister - the Minister of the Interior - is found to be deviated of his power by producing deportation decisions for other reasons identified by law in accordance with the role of specialization of objectives that the decisions of deportation subject to .Thus the foreigner can appeal the decision if it's defected; he has also the right to be entitled to a judgment as a matter of law to cancel the decision.

Arbitrariness in the guardianship of marriage (A Comparative study)

Kays . A. Issa; Firas. J. Al-Khatony

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 104-158

The guardian's prevention is the most prominent application for the arbitrariness which is used to marry by guardianship in Islamic jurisprudence . We have discussed its concept conditions, images and its rulings in the Islamic jurisprudence, and we found some difference between the doctrines of jurisprudence in these matters, but the guardian prevention nevertheless has two main images in Islamic jurisprudence. Whereas, the comparative laws have different situations. For instance, the Iraqi law texts are suffering from shortcomings and deficiencies while the Egyptian law has depended completely to the Hanafi school. However, the UAE law texts were good in general, the UAE law expressly forbids the guardian prevention and decided to withdraw this authority from the guardian. In contrast, the Algerian law does not leave any material to treat the guardian prevention after the last amendment.

EXTERNAL CONSTRAINTS RESTRICTING THE ROLE OF THE INTERNATIONAL JUDICIARY IN SETTLING INTERNATIONAL DISPUTES (INTERNATIONAL COURT OF JUSTICE AS A MODEL)

Mohammed. K. Bura

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 159-179

There are many legal problems that undermine the rules of international law, which reflect directly or indirectly on the work of the International Court of Justice and limiting its effective role in performing its mission to achieving justice internationally at an effective level.Based on that, the obstacles that are considered as limiting factors for the development of international rules and resulting from the states themselves, such as the concept of sovereignty and the politicization of international disputes through their distance from their legal content and the preference of the political or economic side, as well as the legal mechanisms that were set in the system of work of the International Court of Justice and the conditions that must be met to subject to the court has also become a reason to add obstacles related to the work of the court. In addition, other obstacles were included such as the legislative deficiency in some international legal texts as a result of legislating few effective rules due to the difference of the legal systems from which those rules were born, such as the Latin system and the Anglo-Saxon system, and this matter is part of another problem that legislators do not adopt legal rules, especially those emanating from the customary system.

ILLEGAL PRACTICES OF BROKERAGE FIRMS IN THE STOCK MARKET

Radhwan. H. Hamdoon

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 180-208

The importance of the financial intermediary is evident in the process of trading in stock market, as it is the authorized entity to enter the market and carry out these operations based on the orders of investors in this market. The comparative law are mainly represented in enhancing the interests of investors and ensuring the safety of dealing with the security in a transparent and competitive manner and determining the rights and obligations of the parties to the trading process, and then gained the importance of the broker when the investors began to move towards investing their money in securities after the countries adopted the policy of privatizing public sector companies and the resulting securities trading and stimulating markets, Therefore, the role of the mediator is very important because it represents the experience of dealings and the know-how in this field. The fact that most of the investors do not know the process of searching for the most suitable prices and buying them in light of economic developments and accompanying the alternate fluctuations in prices and in light of the manifestations of rights and obligations of brokers companies towards investors It is imperative to know the rights of each of the broker in the stock market and the right to imprisonment or monopoly or brokerage business and know the obligations of this broker in exchange for rights, Then it must be a commitment to disclosure to investors and a commitment to preserve the secret of the profession as well as commitment to implement the orders of the investor and there are many legal effects imposed to that mediator in the event of failure, as many civil and administrative sanctions are imposed; in order to protect investors and protect the market, but in spite of these sanctions we found that many violations and some illegal practices are committed in order to obtain a quick profit, as for the importance of this issue, it is necessary to know those processes in which trading takes place and the declaration of current data related to securities.

THE GENERAL PRACTICE IN SOCIAL WORK TO REDUCE CRIME

Mohammed .A. Mohammed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 209-225

The study aimed at identifying the reality of general practices in social work to reduce crime, and to identify principles adopted in the general practice of social work and the roles of general practitioner (social worker) in social work and its role in reducing crime. The study sample consisted of (270) inmates as participants in to the study of (2700). The study relied on tools such as (observation, interview, questionnaire) and statistical methods such as (the Arithmetic means and standard deviation), and the researcher used methods such as (social survey methodology, historical approach, and statistical approach. The results of this study have reached several conclusions: The inculcation of social values among prisoners contributes to reducing crime, also (Increasing the productive capacity of prisoners reduces their criminal behavior and also Filling prisoners’ leisure contributes to the reduction of their criminal behavior.

Evaluation of Regulation of Seeing Option in Iraqi Law (A Comparative Study)

Ali .A. Mohammed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 256-288

The wide regulation of seeing option contained in the Iraqi civil law, unlike the position of comparative civil laws, raises questions about the extent to which the Iraqi legislator has succeeded to expand that regulation and, before that, the extent to which the legislator succeeded to regulate seeing option in principle. Although the jurisprudence has been studied some aspects of what has been mentioned, other aspects of the subject have not been studied. This study is an evaluation of an existing regulation in the Iraqi civil law, in which there are several shortcomings in certain aspects without generally fulfilling their right to study, and that will be done through the implementation of the comparative approach, with the aim of identifying the shortcomings of the existing legal regulation .The study tried to clarify whether seeing option regulation by the legislator in principle is the right choice or is it possible to dispense it because of the existence of other subjects regulated in the law. This study is divided into two sections, in the first one we determined the shortcomings surrounding the existing texts in the Iraqi civil law regarding seeing option. In the second section, we explained the feasibility of regulation of seeing option in principle under the legislator's regulation of other concepts which are close to the concept of seeing option or may lead, in the result, the same purpose of regulating seeing option. This study has reached certain conclusions. The most important one of these conclusions is that the Iraqi legislator's regulation of seeing option in the civil law is flawed in many sides, and most of the texts on this option are deficient. This requires the legislator's intervention to amend the texts regulating it, as it is proposed specifically in the study. Among the conclusions of the study, the justifications given by the rejectionists to the legislator's regulating of seeing option in principle is not based on a firm basis and does not help in supporting their opinion. On the other hand, the justifications given by the proponents of the adoption of seeing option in the law can not be underestimated, and thus they can strengthen the legislator's position of regulating this option in principle to protect the buyer in a circumstance where the general rules fail to achieve such protection. However, the regulation of the Iraqi legislator for seeing option in the civil law was flawed in many sides, starting with naming it and passing through its provisions and ending with its cases of fall. Therefore, the study made several recommendations regarding amending some provisions governing seeing option in the Iraqi civil law, so that the regulation of the subject in this law becomes precise, concise and addresses the deficiencies of the current wording.

THE ROLE OF UNITED NATIONS SPECIAL ENVOY TO BRING PEACE TO THE ARMED CONFLICTS OF A NON-INTERNATIONAL CHARACTER

Noman. H. Modhi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 289-319

At the end of the cold war ,the non- international armed conflicts have become a real threat to the international peace and security . As a result, the United Nations have its role to keep the international peace though there were no legal rules to regulate national conflicts in the United Nations charter as they are internal affairs which should be solved within the borders of the same state and its sovereignty .Yet, such conflicts could be changed to international conflicts as they have national and religious connections with the citizens of the states of these conflicts . Thus, the intervention has become a necessity according to nature of the phase and development on the international arena , where the collision between the capitalist and the communist camp has become too improbable , through the preventive diplomacy by sending United Nations special envoys who make their roles to keep international peace and security in such conflicts 

THE POSITION OF INTERNATIONAL CRIMINAL JUDICIARY FROM DEATH PENALTY

Abdullah. A.Abbou

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 320-358

The establishment of International Criminal Judiciary is one of the outstanding features witnessed by international community after many attempts in order to reach international judicial mechanisms to ensure prosecuting those responsible for horrible international crimes that violate the common values of international community of human rights and fundamental freedoms which threaten ultimately international peace and security. The international community has witnessed through different stages of evolution of international criminal law in general and international criminal judiciary in particular different types of international criminal tribunals, starting from Nuremberg and Tokyo after World War II between 1945-1946, then Yugoslavia and Rwanda Tribunals between 1993 - 1994, then the Permanent International Criminal Tribunal in 1998.It is noticeable by looking at the basic laws and regulations regarding the establishment of such tribunals that there is a variation in the position of death penalty, The law on the formation of Nuremberg and Tokyo Tribunals acknowledged the possibility of imposing death penalty on defendants present before it and this is what happened in some of the provisions of Nuremberg Tribunal. But the statutes of Yugoslavia and Rwanda Tribunals did not provide a text for such a penalty, and this is also the position of the Permanent International Criminal Tribunal, as its statute came free from this penalty. Rather, it seems through a precise analysis of the statutes of Yugoslavia and Rwanda Tribunals and the International Criminal Tribunal that there is a room in some cases to apply death penalty by national criminal judiciary in the context of common jurisdiction between Yugoslavia and Rwanda Tribunals with the national judiciary and the principle of integrative specialization between the permanent International Criminal Tribunal and national criminal judiciary.

THE GAME THEORY IN INTERNATIONAL RELATIONS BETWEEN ROOTING AND INTERPRETATION

Saif. N. Al-Harmazi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 359-394

The game theory in international relations is one of the most important theories in the analysis of international political decision. This theory works to analyze the mechanism and the ability to resolve different conflicts to win them with the lowest possible casualties, after relying on the rules and foundations that give both parties to the game the space to make the appropriate decision in The right time. This is with reference to the fact that it dominates at the corridors of international relations analysts and thinkers, especially with regard to the international system, and the role of this theory in explaining the causes of dynamic contrast in international relations, as such it will answer the research following basic question: Could the game theory explain the international interactions (conflict - competition - cooperation)?The importance of this theory has been increased by the frequency of its use by politicians who are influential players in the international hierarchy who have the power and ability to deflect the path of conflict mobility in to their favor by stimulating scientific approaches to respond to current and future events and to anticipate the performance that can be taken without a database of the opponent player. This is what we search for and shine the spotlight on the problematic issue around an important issue which is that game theory is one of the theories applied by many practicing politicians to help them in decision-making process, but its starting points and foundations differ according to the different players and coaches.As for the research hypothesis that has been adopted, it is the causal hypothesis as follows: ((The more the matches/game theory is adopted in the interpretation of the dynamics of international relations ... the more the ability to anticipate the movement of decision-makers increases and exposes the strengths and weaknesses of the opponent in the international arena)). To solve the problem, to prove the hypothesis and, to achieve the research requirements, we used the inductive approach that focuses on extrapolating the movement of players politicians, raised by the topic of the research, and touching the most important necessities and needs of playing in conflict management, and drawing methods and short paths to resolve the conflict with high profitability.