Journal of Juridical and Political Science
The Journal of Legal and Political Sciences was founded in (2012). It is a semi-annual scientific refereed Journal issued by the Faculty of Law and Political Sciences of the University of Diyala, Diyala / Iraq. The first issue was published in (2012). It has two issues with one volume per year. The number of publications issued between (2012 - 2021) is eighteen issues, with three issues related to the research of the college conferences, and one special issue for the research of the Bilad Alrafidain University College. Our journal is assigned to publish scientific research and refereed studies in various legal studies and political science from inside and outside Iraq. Moreover, the journal publishes legal and political Master's theses and Ph.D. dissertations. It also publishes the legal or political books newly released, as well as the works of scientific conferences and symposia held in the College of Law and Political Science - University of Diyala, in addition to departments and colleges corresponding to the journal’s specialization from the outside of the University of Diyala.
College of Law and Political Sciences - Diyala University
Terrorism Manifestations Under the Former Regime
There is no doubt that terrorism is the defining issue of our time, given the widespread nature of its manifestations across the globe and its impact on all aspects of life. It is essential to note that the previous regime practiced various forms of terrorism against diverse segments of Iraqi society. The problem addressed by this research lies in identifying the terrorism of the previous regime and its various manifestations, which it practiced against those who opposed its system and its repressive policies. As for the importance of this study, it relates to the significance of the historical period under investigation—a dark period in modern Iraqi history. This period witnessed numerous forms of terrorism and repression against specific groups, as well as against anyone who opposed the regime and its orientations. The research concluded that describing terrorism is easier than defining it, as it is an international phenomenon shrouded in much ambiguity.
the former regime, Terrorism, Mass graves
Copyright (c) 2025 Journal of Juridical and Political Science
Judicial settlement of social security disputes (A comparative study: Iraqi legislation with other comparative legislations)
Social security is a human right that countries, including Iraq, strive to include in their economic and social policies and implement effectively on the ground. As a result of this endeavor, legal systems have been enacted that may help achieve the goal of each of them. From this standpoint, both the Universal Declaration of Human Rights and the two International Covenants have emphasized them. Therefore, all constitutions of member states of these agreements have affirmed the right to social security, as have all social security laws enacted in Iraq. However, despite this, the implementation of this right results in public or medical disputes that determine the right of social security beneficiaries to resort to the judiciary.
Judicial Settlement, Social Security Disputes
The legal regulation of the Order for the Defense of National Safety No. (1) of 2004
The repercussions of the 2003 invasion of Iraq were immense, inflicting widespread and severe harm on Iraqi civilians and creating exceptionally painful conditions for them. This harm, coupled with the effects of the armed resistance against the occupation, placed the Iraqi people in a perilous and exceptionally dangerous security, socioeconomic, and political situation. These exceptional circumstances led to the displacement of millions of Iraqis both within and outside the country, accompanied by a significant rise in unemployment, social crimes, and terrorism. Consequently, legislation was needed to regulate the state of emergency following 2003 to address these exceptional conditions. National Safety Defense Order No. 1 of 2004 was issued under the interim government of Dr. Iyad Allawi and under the supervision of the Civil Administrator, Paul Bremer.
national safety, state of emergency, exceptional circumstances, judicial oversight
The legal basis for social justice at the international level
Social justice is one of the fundamental tasks that the rule of law guarantees access to. It includes the cooperation of all individuals in a single, integrated societal system in which members have real and equal opportunities to grow, learn, and reach their full potential. It is linked to effective efforts to ensure equal opportunities for all individuals within the established limits. It includes the targeted balance between interests in order to guarantee the necessary order for the tranquility of society. It reflects the right of individuals to their share of the state's resources and wealth. Accordingly, international, global, and regional efforts have dedicated several mechanisms to achieving and regulating social justice, with the International Labour Organization being its primary sponsor.
social justice, Declarations and international conventions , General Assembly resolutions, International Labour Organization
The role of international custom in expanding the scope of binding international treaties on human rights
International custom has always had and continues to have a clear importance and influence in protecting human rights, by filling the gaps in international treaties, so that it is compatible with what is stated in these treaties, and they stand side by side. Despite the codification of international custom in written international conventions, it has not lost its importance, as international courts base many of their judgments or advisory opinions on customary principles. The obligation of non-party states to international custom is only with the consent of states. So what obliges non-party states to protect human rights? Therefore, in this research, we will explain the role of international custom in expanding the scope of special treaties in international human rights law, and its role in international humanitarian law.
international custom, international agreements, international commitment
Identifying Conflicts of Interest Between Co-defendants in Criminal Proceedings and the Means of Addressing Them
Conflicts of interest between co-defendants are a reality of legal proceedings. In its pursuit of justice, the court must avoid adopting an overly rigid stance in identifying such conflicts, as doing so may undermine a fundamental guarantee: the right of the accused to an effective defense. The court should not narrowly construe conflicts of interest in situations where co-defendants are represented by a single attorney, as this would reduce the right to defense to a mere procedural formality lacking substantive value. Rather, the court must adopt an expansive approach in interpreting and identifying conflicts of interest among co-defendants, and must annul criminal proceedings whenever such conflicts are established, particularly where they impair the independence of each defendant’s legal representation. Each accused must be represented by separate counsel capable of defending their individual interests. The court plays a critical role in addressing such conflicts by ensuring the separation of defenses and confirming the absence of conflicting interests between defendants, whether in their arguments or procedural positions. Likewise, defense counsel has a professional and ethical obligation to disclose any potential or actual conflict of interest to both the defendants and the court, and must withdraw from representing one or both parties as appropriate.
Conflict of interest, right to defense, legal ethics of lawyers, Duties of the lawyer, role of the court, joint representation.
The Role of Artificial Intelligence in the Process of Political Decision – MakingA contemporary Theoretical Perspective))
This research aims to analyze the growing experience between artificial intelligence and the creation of revolutionary groups, in light of the advanced technology witnessed worldwide. Artificial intelligence (AI) tools have become An active element in formulating public policies through its ability to process vast amounts of data and provide accurate predictive models that support political decision-makers. The research academically analyzes the theoretical and practical dimensions of using artificial intelligence in political environments, focusing on the opportunities it provides to improve the efficiency and effectiveness of decisions, as well as the challenges it poses on a legal, political, and national sovereignty leve "The research concludes that artificial intelligence, despite its promising potential, cannot replace the human element in making political decisions, but rather should be used as a supportive tool to enhance the quality of decisions. The research recommends the necessity of establishing strict legal and ethical frameworks to ensure the responsible use of artificial intelligence in the political sphere, in a way that preserves democratic principles and safeguards human rights.
Artificial Intelligence, Political Decision, Political Environment, Legal and Political Challenges.
Artificial Intelligence As A Tool For Digital Transformation In Public Policy: Opportunities And Challenges
Digital transformation represents one of the most significant structural shifts in the contemporary world. It is no longer limited to modernizing technological and digital tools; rather، it has become an entry point for reshaping the system of governance and public administration of states. This is particularly evident with the growing role of artificial intelligence as a strategic modernization instrument in the formulation، implementation، and evaluation of public policies. Artificial intelligence constitutes one of the most important innovations of the digital revolution، providing policymakers with opportunities and capacities to manage big data and to anticipate public problems that may emerge within society and institutions. Moreover، it enhances the efficiency of the policy cycle stages by improving forecasting abilities، enabling data-driven analysis، and supporting the process of formulating alternatives and selecting appropriate policies through experimental programs. In addition، AI offers advanced evaluation tools based on accurate and up-to-date data، which facilitates policy reforms to achieve their intended objectives، However، despite the opportunities that artificial intelligence provides for the policy process، it faces a number of challenges that hinder its effective integration. Among these are organizational challenges، particularly those related to data collection and application development، as well as the weakness of digital infrastructures in many states. There are also human capacity challenges، such as the shortage of digitally skilled personnel and the implications for labor markets through increased unemployment. Added to this are legislative and legal challenges، alongside ethical concerns associated with algorithmic bias، data security، and privacy. All these challenges must be addressed through coherent and equitable policy frameworks to ensure the optimal utilization of artificial intelligence in achieving the desired policy objectives.
Artificial intelligence, digital transformation, public policy
The Principle of Legitimate Foresight in Commercial Competition"A Comparative Study"
There is no doubt that legal principles are constantly emerging and increasing noticeably, and the emergence of the principle itself is connected to certain events, so that its emergence has real reasons that called for its existence. Therefore, the emergence of the principle is often a jurisprudential issue that requires drawing the legislator’s attention to the usefulness of the principle and the necessity of regulating it. Among the important principles that have recently emerged is the principle of legitimate expectation. Whoever looks at the essence of this principle finds it serious in fulfilling the hopes of individuals within society, which resulted from the great interest shown by the public authority, as the promises made by the latter created in the souls of individuals a logical certainty that the state is greatly concerned with fulfilling the interests of individuals, which necessarily leads to societal security. Since this was the case and legal principles were free and unfettered, encompassing all legal branches and theories, it became important for us to stand on the application of this principle in the scope of commercial competitions, especially since the latter is beset by some difficulties and complexities which individuals hope to address in view of what the public authority shows in general, Whether this is referred to explicitly or implicitly, this has had an impact on the necessity of examining the nature and specificity of this principle and addressing whether it is related to public order or not, and whether commercial competitions and the laws regulating them, whether at the level of Iraqi or Egyptian legislation, are in dire need of implementing the principle of legitimate expectation.
Project forecasting، business competition، solutions and proposals.
The Extent of Artificial Intelligence's Contribution to Enhancing Tax Imports-Iraq as an Example
Technological technologies and artificial intelligence have gained wide attention from countries, to employ them in the development and development of multiple fields, especially economic sectors and tax systems, so that the use of these technologies has become one of the important criteria to measure the development of these countries, and we have tried in this research paper to highlight the statement of the concept and characteristics of This helped to speed up the completion and accuracy of an important reduction in the rates of evasion and financial exemption, which enhances the fairness and confidence of those in charge of the tax administration, guided by the experiences of the United States of America and Singapore and the possibility of benefiting Iraq from them, and summarized the research to a number of conclusions and meals.
Artificial Intelligence, Electronic Tax Inspection, Tax Compliance, Tax Justice
The Impact of Criminal Acts on the Functional Bond in Iraqi Law
This topic examines the relationship between a public employee's commission of a criminal act and the continuity of their relationship with the state. Criminal acts in public office are considered more serious than ordinary crimes because they affect the integrity of the public service and threaten society's confidence in the administration. Iraqi law provides for dual penalties, including criminal penalties decided by the judiciary and administrative or disciplinary penalties imposed by the competent authorities, which may reach dismissal or termination by force of law in some cases. The laws also specify the bodies authorized to investigate public employees, to ensure that the truth is revealed and the employee's rights are respected. Iraqi law focuses on the balance between protecting the public interest and preserving the employee's rights, while emphasizing the need to enhance integrity and transparency in public office.
Criminal act – Public office – Dismissal – Dismissa.
The role of the media during armed conflicts and the responsibility for spreading misinformation
Although international humanitarian law has established many binding legal principles, some of which relate to methods of protecting victims of armed conflicts through the principles of humanity and distinction, and others relate to methods of combat through the principles of military necessity and proportionality, these principles are subject to violation in every international or internal armed conflict as a result of the desire of all parties to achieve victory in light of the public’s ignorance of the aforementioned principles that guarantee them protection, this is where the media’s role comes in disseminating them through its visual, audio, or electronic means, in addition to assisting international humanitarian organizations such as the Red Cross in fulfilling their duty to implement the principles of international humanitarian law, as well as documenting violations of those principles, which helps in revealing the facts, in light of the many challenges and risks that hinder the performance of this important role of the media, and the necessity of addressing them to ensure the protection of journalists, promote freedom of expression, and provide accurate and reliable information to public opinion and the national and international judiciary. Disseminating misleading information is a crime under national and international laws, as it leads to the commission of extremely serious crimes, it is also an independent crime in itself when it causes moral and material damage that may reach the level of an international crime.
media, armed conflict, principles of international humanitarian law, misleading information.
Legal obligations of the auditor to the client and third parties (Comparative study (
The auditor is considered one of the fundamental pillars of the modern economic environment, as they play a crucial role in enhancing confidence in financial reports and protecting the interests of related parties, whether the contracting client or third parties affected by the outcomes of their work. This research aims to examine the legal obligations imposed on the auditor toward the client on one hand, and toward third parties on the other, in light of national laws (such as the Iraqi Civil and Commercial Codes and Companies Laws), and to compare them with certain comparative legislations, such as the French and Egyptian systems. The study also seeks to clarify the legal nature of the relationship between the auditor and the client: is it purely contractual in nature, or does it entail a special type of professional obligation? Moreover, can third parties hold the auditor liable based on tort rules if damage occurs due to the auditor’s fault or negligence? This research adopts a comparative analytical approach through the analysis of relevant legal texts, judicial precedents, and doctrinal opinions. The study concludes that the auditor’s obligations are no longer confined to the contractual relationship but extend, in specific cases, to third parties. This expansion imposes precise professional duties and responsibilities on the auditor, requiring a high level of caution and professional integrity. The research recommends the unification of legal provisions governing these responsibilities and the expansion of legal protection for affected third parties, to achieve a balance between the auditor’s professional freedom and their legal accountability.
Auditor, Civil Liability, Legal Obligations, Client, Contractual Liability, Tort Liability, Professional Confidentiality.
The effectiveness of international negotiations in reducing conventional wars and achieving international peace
The dialectic of war and peace is linked to the degree of development of society and its political system in determining the preference for peaceful coexistence away from conflict and war. The historical development of human societies has witnessed important stages in order to ensure survival. Reason and force have been and continue to be contradictory in determining patterns of human behavior. The emergence of human poles possessing the elements of power، economy، and population density has led to a tendency to use and devote these forces to the purpose of extending their influence. Traditional armed conflicts were the basis for extending the hegemony of these poles، and these traditional patterns quickly developed into more aggressive patterns in order to impose the theory of a single pole. This dark side of human society is counterbalanced by the bright side of human life، which is the tendency toward peaceful coexistence. International organizations emerged in the 19th century as a means of balancing the conflicting interests of peoples and promoting reason and the idea of international peace by strengthening the role of international organizations in resolving international conflicts and moving to a stage of negotiations in preparation for peaceful coexistence through the organization and handling of international conflicts، such as imposing a truce، ending fighting، exchanging prisoners، providing compensation، and then reconciliation، leading to the imposition of international peace.
Populism in Political Thought and Its Impact on Human Rights
Populism in Political Thought: Its Impact on Human Rights Populism is a modern political phenomenon whose influence is increasing in contemporary political contexts، and it has become a major focus in contemporary political thought. Populist thought is primarily understood as a political discourse that presents itself as representing the popular will، opposing ruling elites and traditional institutions. However، the impact of populism on human rights raises fundamental questions about the balance between expressing the will of the people and protecting individual and collective rights. In democratic contexts، the impact of populism on human rights appears to be contradictory. On one hand، populism may seem to promote equality and social justice by raising issues such as wealth distribution and economic justice. On the other hand، populism often shows a tendency to marginalize the rights of minorities، prioritizing the interests of the majority at the expense of fundamental rights. The populist discourse، which focuses on hostility towards elites، may create a political environment that restricts individual freedoms and undermines the independence of human rights institutions. One of the most prominent aspects of the impact of populism on human rights is seen in attempts to reduce the rule of law and undermine the rights of minorities. With the rise of populist movements، concerns grow about threats to freedom of expression and press freedom، as some populist governments adopt restrictive policies that harm public freedoms. This direction contradicts the fundamental principles of human rights، which are based on respecting the dignity of individuals and protecting them from arbitrariness. On the other hand، there are growing concerns about the erosion of democracy due to the transformations brought about by populism. Populist regimes may seek to weaken democratic institutions، such as an independent judiciary، limiting the protection of human rights. In many cases، populist discourse is used to justify the suppression of social movements that defend civil and political rights. In conclusion، populist thought interacts with human rights as a complex and multifaceted phenomenon. Although populism may reflect a genuine desire to address economic and social issues، it often poses a real threat to public freedoms and minority rights. Therefore، there is a need for an in-depth study to understand this interaction and its impact on the future of human rights in modern democratic systems.
Populism، Human Rights، Social Justice، Democracy، Minorities، Individual Rights.
Human Rights in the Changing International Order: Between Political Investigation and Humanitarian Challenges
In the contemporary international system, human rights have become a tool used by major powers to achieve political gains. They are employed according to strategic interests rather than adherence to them as a unified universal value. The United States and Western countries often use human rights as a means of pressuring states that oppose their policies, while ignoring violations committed by their partners and allies. In contrast, countries such as China and Russia adopt a discourse focused on "national sovereignty" as a pretext to avoid criticism, reflecting clear contradictions in the application of human rights standards at the international level. The international system currently faces major humanitarian challenges that directly impact human rights. Ongoing armed conflicts, such as the wars in Palestine, Syria, and Yemen, have resulted in gross violations of civilian rights, with war crimes being committed amid the inability of international organizations to intervene effectively. The refugee crisis resulting from these conflicts also casts a shadow over human rights, with some states adopting discriminatory policies towards migrants and displaced persons.
Political exploitation, Double standards, international organizations, Human rights
Protecting vulnerable groups during armed conflicts: Iraqi children as a model
Vulnerable and fragile groups of society during armed conflicts are exposed to violation, destabilization and loss of their basic rights, which have given the principles of human rights through international conventions and legislation great attention to them without a doubt, and the researcher chose the model among these categories is the Iraqi child for what the children of Iraq went through from a difficult and critical period, and the time range of the research is during and after the control of ISIS on areas in Iraq.The first topic: the concept of search terms, conventions and related laws, the first requirement included: the concept of protection and vulnerable groups, as well as the concept of children, armed conflict and international humanitarian law, which is: The second requirement: international laws and conventions in this regard, the Convention on the Rights of the Child, the Geneva Conventions that protect civilians during armed conflict, especially The second topic: the reality of the Iraqi child during the war with ISIS, and this was explained based on the annual reports of the High Commission for Human Rights from 2014 to 2017 and included several demands. The first requirement: the right to life, safety, the right to health and a statement of the danger of child recruitment, the second requirement: the conditions of the child in displacement camps: where the child suffered in the camps because they are inadequate and do not have the elements of a healthy life, the third requirement: violation of the right to education: where children left education in schools as a result of displacement and forced displacement, the fourth requirement: losses from civilian victims during liberation: Civilians and vulnerable groups, including children, were subjected to death, destruction, abortion of pregnant women, and lack of health care and medicine as a result of the war.
Human rights protection, vulnerable groups, armed conflicts, The Four Geneva Conventions, international humanitarian law
Transitional Justice And Its Role In Addressing Human Rights Violations
Transitional justice is one of the most important topics in the field of human rights, and therefore it receives much attention. It represents an important pillar in achieving security and stability in societies that have been exposed to a period of conflict, as it includes many guarantees that achieve peaceful coexistence in society and address the legacy of the era that a particular society went through ,which led to it being exposed to many violations related to human rights and achieving lasting peace in it. Transitional justice is considered comprehensive justice, as it is based on several mechanisms to achieve it, including working to uncover and bring those responsible for violating human rights to justice, and working to overcome that society's past legacy and achieve societal reconciliation, all in order to achieve the lofty goal of creating a society where security, stability, and respect for human rights prevail. Transitional justice is not limited to holding human rights violators accountable and achieving reconciliation, but also focuses on the victims of these violations by approving compensation for them, redressing the harm they suffered.
Transitional Justice, Transitional Justice Mechanisms, Human Rights Violation.
The role of multilateral diplomacy in resolving conflict and achieving peace
Diplomacy is an effective tool of politics and cannot be dispensed with in any of the ages of any of the countries, no matter how its strength and strategic importance, and in any circumstance, whether at the time of peace or war, and that diplomacy is not modern but rather old as the feet of human history, but it is little by little with the development of time and it flourishes at a certain time and weakens in the other, and if traditional diplomacy went in a field that does not exceed political affairs and modern diplomacy has done modern. In new situations that were not familiar before and the world became a small village in light of the tremendous progress of transportation, communications and military and technical development, technology has played an important role in making diplomacy more effective to include accelerating and facilitating negotiations, exchanging information and accessing them as well as to influence public opinion and establish international relations at the same time that made the communications revolution than the task of diplomats are more sensitive The wrong official practices on the platform of social networking sites, and that the traditional understanding of the space of international relations was affected by the actions of states with factors related to influence and power while the content of diplomacy revolves on the issue of peace and war only, but in the new environment modern diplomacy included in the era of technology and information in broader areas as well as included illegal immigration, terrorism, human rights, drug trafficking, the spread of weapons, internal conflicts and all Crises have turned into diplomacy towards the commercial and economic field and the emergence of new actors such as the ministries of finance and trade and central banks that were previously operating under the Ministry of Foreign Affairs in addition to multinationals as well as those involved in financial markets and whose role is gradually escalating at the expense of government agencies. The importance of research lies in highlighting the concept of diplomacy and its role in resolving conflicts between countries and achieving international security and peace. The research problem is what is the role of diplomacy in resolving conflicts and achieving peace. From this problem, the following questions can be asked: What is meant by diplomacy ? What are the types of diplomacy? What is the role of diplomacy in achieving international security and peace ?. The research starts from the hypothesis that a multilateral diplomacy has worked to resolve the conflict and achieve peace in the regional and international environment as a result of the emergence of new transformations that occurred on the units of the international system. By virtue of the privacy of the subject of the research related to the existence of real, growing problems that caused conflicts and trying to know the role of diplomacy and the results that we can lead to, we have intentionally; Approach of organizational analysis by studying the factors and reasons that led to the use of diplomacy inputs and then studying the interaction of those inputs and their impact on resolving conflict and achieving security and peace and its reflection on the regional and international environment outputs. The research was divided into two topics, an introduction and a conclusion that guarantees the first topic the theoretical framework of the concept of diplomacy that guarantees the first requirements the establishment of the concept of diplomacy, while the second requirement is the definition of the concept of diplomacy, while the second topic dealt with the role of diplomacy in resolving conflicts.
diplomacy, war, peace, security, international system
Obstacles to Sustainable Development in Post-Conflict Iraq and Opportunities to Processing Them
Sustainable development is a major component that ensures political stability and aims to consolidate the concept of citizenship and achieve stability and integration within society. The topic of sustainable development has occupied the world's attention for more than twenty years in the social, economic and even environmental arena. Sustainable development has become a global school of thought adopted by official and unofficial institutions that are required to implement it. Therefore, sustainable development meets the needs of the current generation without compromising future generations to meet their needs. Therefore, Iraq suffers from a significant deterioration in sustainable development indicators, due to the challenges Iraq faced in achieving sustainable development in the country, due to the crises that the country suffered from, especially the spread of the phenomenon of administrative and financial corruption, the spread of poverty and high unemployment rates, in addition to societal problems, such as terrorism and organized crime, the phenomenon of drug abuse, and disrespect for the law, in addition to the prevalence of the phenomenon of encroachment on public property in the country. Therefore, achieving sustainable development requires consolidating the idea of ​​citizenship, achieving integration and stability within Iraqi society, increasing rates of participation in political life, and working to support the idea of ​​central government and good governance.
Sustainable Development, Obstacles to Sustainable Development, Components of Sustainable Development
The Impact Of Conflicts On The Violation Of Social Human Rights: “ An Analytical Study “
Armed conflict in recent decades has wreaked havoc on the lives of millions of civilians. Serious violations of international humanitarian law and international human rights law are common phenomena in many armed conflicts. Under certain circumstances, some of these violations may constitute genocide, war crimes, or crimes against humanity. War is a constantly evolving phenomenon, and international human rights law and international humanitarian law must be continually harmonized to avoid any gaps in the protection they provide. International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all.
human rights, social rights, armed conflicts
Protection of Human Rights During Non-International Armed Conflicts
Non-international armed conflicts have witnessed a remarkable development throughout history, after the interest was limited to international armed conflicts, due to the excessive violence that non-international (internal) armed conflicts carry towards human rights, crimes against humanity and slavery, where civilians face serious violations of their rights. The spotlight was shed on the nature of the protection enjoyed by victims of non-international armed conflicts from the perspective of international humanitarian law, and the focus was on the challenges and solutions necessary to be taken into account to preserve human rights, and the role of international bodies and organizations in order to enhance the protection of human rights. The study dealt with the distinction between internal and international conflicts, and the most important special agreements to guarantee human rights during internal conflicts.
Human Rights, International Armed Conflicts, Non-International Armed Conflicts.
Mechanisms For Redress For Victims Of Human Rights Violations In Iraq
The mechanisms for redressing victims of human rights violations in Iraq involve a set of procedures and measures aimed at compensating and rehabilitating victims. Transitional justice seeks to achieve several goals, including: stopping ongoing human rights violations, investigating past crimes, identifying and punishing those responsible for the violations, compensating victims, and maintaining lasting peace. In Iraq, several transitional justice institutions have been established, including judicial bodies like the Iraqi High Criminal Court for prosecuting officials from the former regime and the Property Claims Commission, which works on resolving property disputes, as well as non-judicial bodies such as special committees for compensating victims and the Martyrs Foundation, which strives to provide support to their families, including financial compensation and educational, health, and social care. All these efforts are aimed at achieving the objectives of transitional justice. To comprehensively cover the elements of this study, it has been divided into two main sections: the first section is dedicated to "The Nature of Redress" and the second section explains "Judicial and Non-Judicial Institutions Concerned with Redress for Victims of Human Rights Violations.
Reparation for Harm, Iraqi Supreme Criminal Court, Martyrs Foundation
Transitional Justice Mechanisms and Their Role in Human Rights
Transitional justice is a set of mechanisms adopted by society and the state with the aim of addressing human rights violations caused by previous dictatorial governments. To understand the role of transitional justice in promoting human rights, it is necessary to know its concept and its jurisprudential definitions found in some local laws, as well as to identify its most important mechanisms and how to apply them to work to correct the painful past by clarifying the truth of violations, identifying their perpetrators and punishing them. Therefore, it is necessary to repair the damages and compensate the victims as a result of the violations they were subjected to, and to reform the institutions that caused those violations, including the constitution, unjust laws and the judicial structure, with an emphasis on immortalizing the memory of violations in a way that enhances the role of justice.
Transitional Justice, Transitional Justice Mechanisms, Human Rights
Protecting the rights of civilians in armed conflicts (challenges and opportunities(
Over time, people have suffered from armed conflicts, as these conflicts have been considered a direct threat to the rights of civilians, and many innocent civilians have been victims of these conflicts. Here, it is necessary to identify the challenges of protecting the rights of civilians in armed conflicts and how to enhance them by taking all necessary measures. To reduce the occurrence of a humanitarian catastrophe as a result of these conflicts, protect civilians and prevent harm from reaching them, whether psychological or physical, in addition to providing economic and social support to the affected areas and confronting the challenges resulting from these armed conflicts of fanaticism, displacement, killing, discrimination and other inhumane violations against defenseless civilians, and trying to enhance the protection of civilian rights and enhance education and awareness.
Human rights, civilians, armed conflicts.
The Role of National Institutions in Promoting Human Rights: The High Commission for Human Rights as a Model
The Role of National Institutions in Promoting Human Rights – The High Commission for Human Rights as a Model. National human rights institutions play a crucial role in protecting and promoting rights at the local level, relying on international standards, particularly the Paris Principles, which ensure their independence and efficiency. The High Commission for Human Rights monitors human rights conditions and provides recommendations to relevant authorities to ensure that laws and policies align with international standards. It also contributes to raising awareness of human rights through educational and training programs, in addition to receiving and reviewing complaints to uphold justice and strengthen the rule of law. Furthermore, the Commission plays a significant role in preparing national reports on human rights conditions and participating in international dialogues to enhance the state's human rights commitments. It also fosters cooperation with government institutions and civil society organizations to ensure the implementation of effective mechanisms for protecting rights and freedoms.
National Institutions, Human Rights Promotion, High Commission for Human Rights, Awareness and Education, Monitoring and Reporting.
The role of international non-governmental organizations in the field of humanitarian work
International non-governmental organizations play a vital role in addressing crises and conflicts by protecting human rights and minimizing their harmful effects, while adhering to a policy of non-discrimination. They provide assistance to the vulnerable, including the wounded, sick, refugees, displaced persons, and disaster victims. These organizations also document human rights violations and gather evidence to present to international courts, promoting compliance with international humanitarian law. Notable examples include the International Committee of the Red Cross and Amnesty International. This study is divided into two sections: one on their nature, and the other on their role during conflicts.
International non-governmental organizations, International Committee of the Red Cross, International Treaty on Contracts.
The role of the media in promoting human rights during crises and conflicts
In times of crisis and conflict, the media emerges as a vital tool for exposing human rights violations, amplifying the voices of victims, and mobilizing international pressure to end violations. Through investigative reporting, firsthand testimonies, and awareness campaigns, the media contributes to exposing violations (such as war crimes and forced displacement) and protecting civilians by highlighting their suffering. It also promotes accountability by documenting evidence against perpetrators, countering misinformation, and disseminating reliable information. However, it faces many challenges, such as repression, dangerous fieldwork, and misinformation by warring parties. Despite these challenges, the media remains an indirect weapon for saving lives and exposing injustice. However, its success requires a supportive environment (legally, technologically, and ethically). Therefore, it requires legal and international support to ensure its independence and effectiveness. In times of war, news becomes a weapon, and the truth becomes its first victim.
Media, Human Rights, Crises, Conflicts, Determinants
Establishing community security in post-conflict societies and its impact on protecting human rights
The boundaries of the relationship between community security and human rights principles are consistent with approaches that balance the promotion of human security while not compromising human rights under the shadow of conflict and its aftermath. The imposition of security does not necessarily entail disregard for human rights. Rather, the human value system, according to contemporary security studies, has a distinct cultural, linguistic, religious, ethnic, and other status, which has contributed to reformulating the concept of security by preserving human rights values. As a result, the concept of security has become more expansive and comprehensive, and the human being and his rights are the fundamental focus around which security revolves in general, and a starting point for achieving community security in particular. This requires, first and foremost, the preservation of national human rights sources guaranteed by the constitution, and international human rights legally regulated, and related civil and political rights, as well as economic, social, and cultural rights.
community security, post-conflict societies, human rights
Protection of Cultural Heritage in Armed Conflicts
Various international conventions have emphasized the protection of human rights in general, in addition to their emphasis on the protection of cultural rights from any violations they may be exposed to. The protection of cultural heritage, whether archaeological or heritage, is one of the most important aspects of the protection of cultural rights. However, the Iraqi cultural heritage has been subjected to many violations in various forms, including its exposure to destruction during armed conflicts. Despite the emphasis of international conventions related to human rights on the protection of cultural rights, represented by the protection of the cultural heritage of peoples as one of the cultural rights, the internal laws of countries have emphasized the protection of cultural heritage, i.e. the protection of the archaeological and heritage civilizational heritage, according to their texts, including the Iraqi Antiquities and Heritage Law No. 55 of 2002 in force. This came with the aim of providing the greatest degree of protection and preservation of our cultural heritage and preventing attacks on it, on the one hand, and emphasizing the protection of cultural human rights in Iraq, on the other hand.
Protection, Cultural Heritage, Armed Conflicts