Volume 7, Issue 2, Autumn 2015, Page 6-390


The right to a remedy for victims of violations of international humanitarian law ) A comparative study of national laws (

abd ali mohammed sewadi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 6-38

International law guarantees the humanitarian protection and assistance for victims of armed conflict , however , when aperson becomes avictim of violations of humanitarian law debends , in fact ,the protection afforded by this section of the law , it provides in particular for victims of gross violations of chances slim for compensation , but may not provide any opportunity . And different international humanitarian law international law on this point are strikingly different , human rights are abranch of the law is similar, but distincthim know clearly the right of victims to receive compensation in the case of violation of their fundamental rights, has authorized the Rome Statute of the.International Criminal Court that court recently in determining the extent of the injury or loss or damage caused to the victims and to compensate them judgment , humanitarian law in fact does not guarantee explicitly for the victims of violations of the right to obtain legal redress.This research deals with the legal means provided by the domestic law and international law for the victims of violations of international humanitarian law in order to ensure respect for their fundamental rights are studying the issue of the right of victims to receive compensation in any domain can highlight this right

Photos of the damage to differentiate in Iraqi legislation and Comparative (A Comparative Study of Islamic jurisprudence)

dhiy abdalla abood; hader hessan alshemari

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 39-73

The separation of marraige which is signed by the judge causes many , but the most important of these , but causes what is known as differentiation to damage the physical and moral , which affects one spouse by the other , so that this damage with survival cannot be with him to continue married life bid it is a mug at the heart of this relationship merges feelings hatred towards the other especially toward the victim perpetrator harmful And if most of the legislation comparison did not put a definition or meaning clear to the damage that leads to the band , but merely , as we shall see , is included by some photos of this damage , for example, but not limited to , the Quran , both legitimate or legal was the course of this legislation, but only in some lists what is such harm that governs them to seperation Under Iraqi law, it there are four other types of the damage to non- the typeof material and moral damage contained in the first paragraph of Article 41 of the Iraqi Personal Status Law in force , passed a law under which both spouses request for judicial separation

War in the digital space vision for the future

samer moed abd-al-latef

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 74-121

With the rapid technological developments in the world in last decades, the states have adopted increasingly on the computer in management and guidance of its various activities. After that the international network of information has become, not only the backbone for the information s exchange on a global scale, but also contributed in creating another world is (Digital World). The repercussions of this revolution knowledge and its sophisticated technology that associated with it have moved effectively into the field of war and its tools, in the context of what is known as( cyber warfare), which led to the diversity of images and methods of this war and even its goals; since many means of control on military operations have moved into the cyber field, just as the military confrontations (non-bloody)have moved to the virtual world. At this point ,we can adopt the assumption that the future war will be in the digital space (cyber warfare).

Baltbesar commitment mediator in mediation in the Iraq Stock Exchange hold (A comparative study)

aqel fadel hamad aldahan

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 122-156

The Obligation of Enlighten By the Broker in the Brokerage Contract in Iraqi Stock Exchange Stock broker has played a pivotal role in the process of trading in securities within the stock market. The exchange of purchase and sale of securities achieve only by brokers authorized by the market and they are buying and selling securities for the benefit and account of clients .The Brokerage contract between the broker and the client imposes many obligations on both of parties and the most important one is the Enlighten his client of all the information that he cares about, which will create a correctly consent of the client.This obligation arises many problems because of the lack of legal organizing of this contract in Iraqi legislation. Thisresearch,s aim is to determine the conception of the oblgation , as well as indicates the nature, conditions, scope of this contract. In addition, the research explains the provisions of the breach of obligation by the stock broker which represents by disciplinary responsibility in front of the market and civil responsibility that requires a compensation for the damages of client due to such breach.

Criminalization of graft and the principle of innocence (Comparative Study)

kaled kder daham

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 157-189

This research dealt with the subject of (Criminalizing Illicit Enrichment and the Principle of Innocence - a comparative study) as one of the topics that have become occupying an increasingly important at the present time, especially after Iraq became a party to the United Nations Convention against Corruption 2005 according to the Law No. (35) for the year 2007. Besides, Iraq issued Commission of integrity Law No. (30) for the year 2011, which included articles concerning the criminalization of illicit enrichment.The research attempted to study the Criminalizing of Illicit Enrichment and the Principle of Innocence according to a comparative analytical approach. Therefore, this study was divided into two sections; the first one dealt with the criminalization of illicit enrichment as taken by international conventions and regional and domestic legislation including Iraq legislation. While the second section focused on the principle of presumption of innocence of the accused who committed illicit enrichment crime. Finally, this research was ended with a conclusion from which to extract the most important results that have been reached and some suggestions that will hopefully be benefit from them in the future

Mediation in resolving disputes by peaceful means in Iraqi legislation (Comparative Study)

mohammed abdalrda aflog; yaser etewi abod al zobadi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 190-209

The mediation is can cevned at present time the most effective weans of resolving disputes by peaceful means and spread its scope not only to the criminal case butal so the civil case and personal stable affaires dispute differences in the criminal law.That mediation ( Allosaith ) in the field of criminal law means consensual in the criminal case and this term raises the questim that reuolves around the role of the case parties ( consensual wills ) and incompatible with the public lute rest or the principle of legality that means whether the criminal case- parties may dioable the course of the principle of legality or to waste of public interest which achieved in the course of criminal case and the rhythm of the criminal penalty

Constitutional competences to the provinces Giralmentzmh province in Iraq's 2005 constitution

mohammed jabar taleb

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 210-235

There is no doubt that turning Iraq into a federal state decentralization, has led to a radical change and large in the legal system of the Iraqi state, where he became consists of the capital regions and governorates not central and local administrations.This shift has led to a significant change in the terms of reference governorates not organized province became possessed terms of reference stipulated by the Constitution in solid materials, including shared with federal authorities and relating to the management of oil and gas extracted from current fields including with regard to monitoring and ensuring the rights of the federal, as well as the terms of reference other various resource management The effects of water and related files economic, educational, environmental and health.Also, these provinces that are not incorporated province became possessed by virtue of the constitution of 2005 the terms of reference of pure have practiced on their own, namely those competencies remaining who have not provided for in the terms of reference of the federal authorities exclusive, the mismatch with respect to extraction and Investment natural minerals or in the management of oil and gas fields and future ones Terms of reference have delegated authority from the center

Iran and the security of the Persian Gulf after the 2003 Opportunities and Challenges

hamad jasim mohammed alkazragi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 236-276

Occupies Iran an important position and weight strategically in the context of relations of regional balance in the Gulf region, and Iran put itself as a regional power in the framework of the interactions of political and security situation in the region, The Iranian foreign policy since the reign of Shah Mohammed Reza Pahlavi, seeking to play the role of filling the security vacuum in the region, and promote this role, especially after the 1991 Gulf War and it has achieved several gains for Iran and regional interests have been activeing the broad hopes to play the role of prominent regional and international standing.This paper deals with security of the Arabian Gulf after major transformations in the region after 2003, a superiority in size, evolution and impact the overall witnessed the Gulf region throughout its history, including the American occupation of Iraq in 2003. Challenges are not limited to threats from regional powers or international, but extended to include direct security threats stem primarily from within the region and include the increasing wave of violence and terrorism. Find reviews visions of Iran posed to the security of the Arabian Gulf, and comes in the forefront of the idea of a defensive system in the form of NATO includes key countries in the Gulf and in particular the countries with which Iran has strong ties. As well as research deals with the opportunities that are available to Iran in order to formulate a vision of their own security are in their own interests and keep all the power, or at least neutralized, whether regional or international influence, as well as the consequences that may be an obstacle to the aspirations of Iran's security in the Arabian Gulf..

Holding credit card (A Comparative Study)

fesel mohammed abd

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 277-304

Credit card system is one of the regimes that received widespread popular among individuals in the countries that took operates banking card , its widespread have been used by the evolution of technology which make the its legal systematization very relenend.the study of the Credit cards contract
emaleles the holdeing knowing what is in rights and Obligation as well as
to know how the pay what to be paid and what is his responsibility.

Third parties who do ask about the lessor and the lessee nodal

ather abdaljawad huseen ali almohana

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 305-336

The contract of lease considered as bilateral contact . his contract normally imposes reciprocal obligations up on the parties , and it is them specified as bilateral contract in the case of breach of these obligations , that is to say , that both parties have ben formally enquired to the fulfill his obligation a both respmsible as result of this breach. But may not issue a breach of the lessor or lessee, it is possible to issue a breach of a third person not a party to the lease, however ask the lessor or lessee this prejudice of which we mean from this research is that others who do not considered a reason foreigners whereby the debtor is relieved of responsibility , so we have dedicated this research to study signification third party who asks for to do the lessor and the lessee nodal through Statement tariff and is characterized by the non-foreign and third parties under the relative impact of the lease as well as Statement types such third parties and groups that ask about both the lessor and the lessee.

The crimes of libel and slander via the Internet

ansam samer taher alhajami

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 337-354

The importance of the subject of defamation and libel in scope of technologkal information being associated with rights which most closely associated with the honor that considered in all legal aspects.this study found an appropriate statement of the position of some comparative laws of defamation And insults, supplying some of the Iraqi judicial applications in this area .

The accused legal comparative study of Islamic jurisprudence

marwa shaker hussen

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 355-390

That the defendant is of the most people vulnerable to injustice in life ; what might subject him from the procedures described being of the most dangerous procedures and most encroachment on human life , both social and personal , for the social level , we find that the community looks into blame and guilt to anyone ; once he put the locus of suspicion in the commission of a crime, but goes far more than that to seal his conviction and criminalized , either on a personal level, we see that the defendant is subject to difficult and complicated procedures of arrest and detention and interrogation and inspection may put an end to the trial of the fate of his life forever.