Volume 6, Issue 1, Spring 2014, Page 6-323


The role of the judicial institution In building democracy in Iraq

taha hamed hessin al anbaki

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 6-26

The democracy means - among what it means - as a tool to protect people's rights and freedoms, and cannot achieve that goal only through an independent judiciary, and the lesson is not in the presence of constitutional provisions and legal belong to those rights and freedoms unless available with guarantees and mechanisms, and certainly longer elimination the concerned party to this matter, if what happened to any violation of these rights and freedoms is to eliminate the final word to stop this violation and restore the rights to their owners or compensated and punishment abusers appropriate legal means. As Democracy is the process of construction requires the combined number of essential element that its actives-role in balancing at all
levels, social, political and institutional, so that an independent judiciary and the contributes to strengthening the balance between the majority and minorities of the majority of the same society as it ensures the rights for all

The scope of copyright protection in the private international relations

hasan hantosh raseed; rasha mosa mohammed

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 27-87

The importance of The author's royalties(copyright) or in the more precise word its protection in private international law relations because this right belong to the most expensive thing in world and the most connected thing to the human being personality. So it is a right for the creator to keep his copy right and protect it from stolen and corruption.so we find its very suitable to clarify the national legislations and the international treaties , as well as exposing the jurisprudence tendency in many situation related to the auther,s royalties. And there was a good luck for the judicial decisions from this point.
The comparative
approach was the style that we had made through the comparative of the Iraqi law concerning the auther,s royalties (copy right) with Arabic legislations .and we made a look on the international treaties concerning the copyright such as pern an Geneva as well as some territorial treaties such as the Arabictreaty and the typical Arabic legislation. All that was done through two chapters :first was for the protection of auther,s royalties concerning the persons ,while the second was for the protection of auther,s royalties concerning the object .
At the end of the research we will list the main recommendations and the results

Provisions of criminal responsibility For press offenses in Iraqi law (Comparative Study)

dhiy abdalla aljaber; kaled kader daham; adel kadem saod

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 88-115

When you use the press and the media as a means to express their views and ideas , cannot be used at all without restrictions or controls regulate it, apply to each of the exercise of journalistic work , or has a link or relationship with it, because the use of such means has consequences and negative effects are reflected on the private lives of individuals , or their social status , economic or political , what is written or published or broadcast in those means be widespread which makes it difficult to avoid these effects and results. Which require him that there is alegal organization.
Specifies the responsibility of those users the means and the perpetrators of the so - called press offenses , came many of the legislation , including the our structured Iraqi legislation to that responsibility and noting its provisions , both in the General Penal Code ( Penal Code ) , or in-laws for work-related journalist. Provisions, Responsibility, Criminal, Crimes, Press, Iraqi law, Penal Code, Publications Act.

Towards an effective strategy to combat Administrative corruption in Iraq

samer moed abd-al-latef

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 116-136

Administrative corruption is a societal scourge human societies have known and suffered since the appearance of man on the earth up to this day. Today it is exist in all societies, rich and poor, educated and illiterate, weak and strong. Its arising and continuity associated with human desire to obtain materials gain or moral believes in his heart that he has no right to it, however sought. So he resorted to abnormal means to reach them, including the exclusion of his eligibility, and also obtained by bribing his command or via other is favoritism or nepotism when stakeholders. The modern societies have struggled a lot of to get rid of the scourge of corruption and the punishment of the offending,
because it is a major obstacle for the healthy development and the right of those communities. So considered high index of administrative corruption in any society as evidence delayed this country and the low effectiveness of government oversight and weak law and the absence of effective legislation which, at the time, they considered low corruption index as an evidence of the progress of the country and the force of law and its prestige and effectiveness of legislation and the existence of effective supervision and effective in it.

Targeted killings

salah jeber al-basesi

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 137-149

A targeted killing is the intentional, premeditated and deliberate use of lethal force, by States or their agents against a specific individual who is not in the physical custody of the perpetrator. In recent years ,a few States have adopted policies that permit the use of targeted killings, including in the territories of other States, such policies are often justified as a necessary and legitimate response to “terrorism”.
The means and methods of killing vary, and include sniper fire, shooting at close range, missiles form helicopters,gunships,drones,the use of car bombs, and poison.
The targeted killing in International Humanitarian law is lawful when the target is a “combatant” or “fighter” or in the case of a civilian, only for such time as the person “directly participates in hostilities”. In addition, the killing must be military necessary, the use of force must be proportionate so that any anticipated military advantage is considered in light of the expected harm to civilians in the vicinity.

The effects of the recognition of foreign rule outside the framework of implementation (Comparative Study)

hasan ali kadem; azhar hamed mahdi

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 150-185

The implementation of foreign judgments Pat is recognized internationally as a result of several causes combined, including the associated interests of states Kalmjamlh international transactions and individuals across national borders, and the development of trade and economic relations, as the numerous disputes arising from such transactions, which may be issued upon the provisions of foreign courts including those associated with the interests of individual acquired rights of individuals and an investigation of the principle of justice, and that the implementation of foreign rule is not only after a decision by the Iraqi courts implement foreign judgment based on the provisions of the Act implementation of foreign judgments No. (30) for the year 1928, the question that arises is that the rule of foreign legal effect recognized in Iraq before the issues of the decision to be implemented by the courts or not arrange Iraqi foreign rule any significant impact on both the legal and factual? This is what we will address it through the school board.

Problematics of artificial fertilization Social study compared the Islamic jurisprudence

maki abd majed

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 186-203

As a result of evolution in the technology of artificial fertilization is necessary to study this subject from several aspects , including the social aspect , which looks at how the process of fertilization and the pillars of this with a statement of values that govern aspects of this subject as well as the problems of legitimacy , which gives legitimacy to the feet to give birth so . the research including three sections the first one deals with social dilemma while the second discuss in alternative processes uterus and the third one analyse the problematic ratios born . the conclusions are out of artificial fertilization , as well as a vacation most jurists of these processes. the majority jurists stressed and inadmissibility on the use of alternative uterus as research found that these operations have sparked social related to the newborn and the couple , especially in our society , who has close cultural and religious values .

Criminal responsibility for the crime of genocide

hana esmail

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 204-221

This research deals with the crime of genocide as a crime in which exist a clear violation of humen right the and the attention that has been focused on this crime, whether at the national or international levels. it included that crime among the crimes which are the jurisdiction of the international Criminal Court therefor most of the dealt with criminal liability that may arise from the right of the individual who commits a crime, and the extent of responsibility of the state to which he belongs if he had committed the crime as a representative of the state and not in his personal capacity.

Terrorism and its impact on the human rights implications

kader yasen alkanmi

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 222-253

that human rights are the subject touches the lives of all peoples and nations and evolution of different civilizations and the quality of rights available linked mainly perception that thinks its rights and practiced peacefully or through violence and political philosophy of the communities Alanna must register prior to this that human rights. all were not a result of the theories or philosophy of thinkers but a product of God represented in the message greatest prophet (r) and the heavenly religions previous , however the multiplicity of definitions contained terrorism and there is no agreement on identifying content that he dread , fear and panic or that the act done by each person kills a person or kidnapped in conditions contrary to the law or cause him damage physically and hampered in most cases from exercising his rights Augze them Awiyehdf to disrupt political rights Other show the importance of creating a comprehensive definition of the need to cut the hands of countries that want to remain her absolute in the practice of state terrorism and repression of peoples and the fight against terrorism and to reach the correct results reflect reality scientific concept and help address the legal and social phenomenon and internationally.

Legal regulation for the election of members of the provincial councils in Iraq   (Comparative Study)

hader abdalla abod

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 254-284

Following the collapse of the dictatorial regime in lraq new horizons of public participatin in the reconstruction of lraq administration opend through the participation of the larqi individuals in running their affairs and electing those who would represent them at all levels particularly at the local levelg the level represented by the elections of the member r to the provincial councils.
The election of the members of these councils is considered of a consideration importance through the extremely great Role these councils in the public life of all citizen and also in the political economics administrative economics and social levels.

Commitment to the mortgagee subject Haazia save mortgaged (Comparative Study) In Islamic jurisprudence and law

malak abdelhassen abdaltef

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 285-303

The thing pledged be under the pleadgor s hand because of a contract conclude between the parties called pledge, The purpose of creating that contract is to ensure the trusty the full value of the debt trusted by pledge by the debtor, as that the purpose of pledge is to reach it meets the price of the debt when the pledgee fail to pay the trusty debt. As well as all that time the pleadgor is
responsibility of the thing pledged and he or she is obligated to keep the thing pledged and giving it back to its owner when the pleadgor receive the full trusty debt. So we will partake this subject into two sections, first about the conditions
that the balefulness can happened in it, and the second section will be discussing the spoor of the balefulness upon the pledge talking over it throw the Islamic jurisprudence and logical jurisprudence and law.

The legal form of the crime in the Iraqi law

ahmed jaber saleh ahmed

Risalat al-huquq Journal, 2014, Volume 6, Issue 1, Pages 304-323

The subject of the legal prototype ( form ) of the crime is regarded as the product of the rule of legality which states that no crime and no penalty unless it is in accordance with the law, As concerns the treatment of the phenomenon of crime , the legislators start with organizing the acts they regard as crimes according to abstract legal form that have the criminal elements available in the act or the abstention in order to be counted as a crime . This has advantages and significance both materially and morally .
The legal form of a crime extracts from the criminative articles that include all the necessary elements for forming the legal form of crime .
It is evident from all this that an act or an abstention cannot actually fall under the term of crime unless it is consistent in its characteristics and elements with the abstract legal model of the law . This consistence is particular human behavior and all that is related to it from current or former or subsequent circumstances similar to the legal form of crimes in all its forms as the legislator outline it in the legal rule .