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jols-102
خطاب الكراهية في نطاق الفقه واجتهادات المحاكم الجنائية الدولية

The Article will examine the position of Hate Speech in international criminal law, within two sections: the first one shed light on the linguistic and terminological concept of term of Hate Speech, as well as looks at hate speech effects in scope of the periods of war and peace.

The second section will focus on Hate Speech and whether occupied to the ranks of abnormal and criminal behaviors, in the two sub-sections: first looks at the legal qualification (the level of national and regional efforts), while the second will search on International Criminal Courts Jurisprudences, so as to answer the following question: what is the reason of differences treatment of Hate Speech in Statutes of International Criminal Courts? Why some of them adopted Hate Speech as a Criminal behavior in itself, while the other tended to adapt it as a non- dependency crime in itself.

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Publication Date
Sun Feb 09 2020
Journal Name
Journal Of Legal Sciences
آلية عمل المحاكم الجنائية الدولية

تعد العدالة عنصراً اساسياً من عناصر صنع السلام الحقيقي، ومن هذه المقولة ننطلق لنعالج الموضوع الذي نحن بصدده والمعنون آلية عمل المحاكم الجنائية الدولية. إذ غالباً ما يتعذر على القضاء الوطني اداء مهمته في تحقيق العدالة، وقد لا يقوم اساساً بها، وعند ذلك هل يكون هذا مدعاة لترك مرتكبي الجرائم الدولية بدون محاكمة وعقاب؟

      وهنا تكمن اهمية هذا الموضوع، تحقيق العدالة بعقاب المجرمين الدوليين وال

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Publication Date
Thu Mar 02 2017
Journal Name
Journal Of Legal Sciences
نطاق حجية أحكام المحكمة الجنائية الدولية

We had, in this research, the scope of Authentic provisions of the International Criminal Court, where divided by the two sections: the first, outlining the concept of Authentic provisions of the International Criminal Court, as we dealt with the definition in the Authentic res judicata where the conditions matter, and the scope of Authentic provisions of the International Criminal Court in terms of the parties and time and place.

The second section, we have considered the appeal against the provisions of the International Criminal Court, where we explained the challenge the provisions of the International Criminal Court to appeal and cassation, as well as the revision of the provisions of the International Criminal Court.

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Publication Date
Mon Oct 28 2019
Journal Name
Journal Of Legal Sciences
The ICC and Situation in Iraq

يتناول البحث الموقف في العراق، وما يتصل بذلك من جرائم دولية مرتكبة

في الأقليم العراقي، ومدى أختصاص المحاكم العراقية الوطنية بنظر تلك الجرائم

ومحاسبة المسؤولين عنها، وبيان أختصاص المحكمة الجنائية الدولية، والدور

الذي يمكن أن تضطلع به في سبيل تحقيق العدالة.

تسلم مكتب المدعي العام ماينيف عن ) 404 ( جهات اتصال تخص الوضع

في العراق وهذه الشكاوى وردت من مواطنين ومنظمات تعبر عن قلقهم حيال

ا

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
International criminal Responsibility for terrorist crimes

   This research is entitled "International criminal Responsibility for terrorist crimes". Individuals bear the international criminal responsibility for supporting terrorist crimes, whatever their status, whether they are ordinary persons, heads of state or state officials. They could be prosecuting through national or international courts. Although terrorist crimes are not mentioned in the Statute of the International Criminal Court, terrorist groups may be prosecuting before the International Criminal Court when they commit international crimes within the jurisdiction under the Statute of this court, i.e., genocide, crimes against humanity or war crimes. Leaders and officials of States that support terr

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Publication Date
Tue Sep 28 2021
Journal Name
Journal Of The College Of Education For Women
Classism Hate Speech in Katherine Mansfield's Short Story ‘The Doll’s House’: A Pragmatic Study: ايمان نوري جاسم , مصلح شويش احمد

Hate speech (henceforth HS) has recently spread and become an important issue. This type of speech in children's writings has a particular formulation and specific objectives that the authors intend to convey. Thus, the study aims at examining qualitatively and quantitatively the classism HS and its pragmatic functions via identifying the speech acts used to express  classism HS, the implicature instigated as well as impoliteness. Since pragmatics is the study of language in context, which is greatly related to the situations and speaker’s intention, this study depends on pragmatic theoriespeech acts, impoliteness and conversational implicature) to analyze the data which are taken from Katherine Mansfield's short story (The D

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Termination of the International Sales Contract from the Point of View of International Courts and Arbitral Tribunals

The termination of the international sales contract is one of the solutions that the parties and the law resort to resolve some fundamental violations that occur in the contract for any reason, but determining the fundamental reason that leads to the termination of the contract is the most extreme type of treatment of the fundamental violation that has been interpreted differently by international experts, whether courts international bodies or international arbitration committees. And in relation to the difficulty of determining the fundamental violation that leads to the termination of the contract and the exceptions contained in cases that are considered a fundamental violation and that are not considered a fundamental violation, the

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
International criminal responsibility for ISIS crimes

In contest of the serious crimes committed by the gangs of the terrorist, it was necessary to shed light on how to prevent their impunity. Therefore, this research came to examine the composition of these gangs, their nature and source of funding, and then the nature of the crimes committed by them, and if their crimes fall in the International criminal law or only within the framework of the Iraqi criminal law, after that we were able to find out the nature of those crimes and thus the best mechanisms that represent the just punishment that these gangs deserve as a punishment for the crimes they committed against the unarmed civilians.

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Publication Date
Tue Jan 01 2019
Journal Name
Journal Of The College Of Languages (jcl)
A Critical Discourse Analysis of Hate Speech

Online communication on social networks has become a never-given-up way of expressing and sharing views and opinions within the realm of all topics on earth, and that is that! A basis essential in this is the limits at which "freedom of expression" should not be trespassed so as not to fall into the expression of "hate speech". These two ends make a base in the UN regulations pertaining to human rights: One is free to express, but not to hate by expression. Hereunder, a Critical Discourse Analysis in terms of Fairclough's dialectical-relational approach (2001) is made of Facebook posts (being made by common people, and not of official nature)  targeting Islam and Muslims. This is made so as to recognize these instances of "speech" a

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Referral and Prosecution Authority before the International Criminal Court According to the 1998 Rome Statute

The ICC is a reclining judicial body that punishes ordinary persons for crimes committed and falls within its jurisdiction in accordance with article (5) of the Court's Statute: crimes of extermination, war, aggression, and crimes against humanity. This gives the international community the right as affected by these acts to initiate criminal proceedings to punish the perpetrator. However, this right has not been left so and without regulation, but has been enshrined in the Rome Statute - whether with regard to those who are qualified to exercise this right, or with the restrictions to which it responds, requiring the ICC to exercise its powers to take some previous actions in contact with the Court in connection with the case, the most

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Criminal Penalties against individuals and the problems of execution according to the basic system of the international criminal court

The international community has  sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of ​​establishing an international criminal court . A court that enjoys independence and impartiality  exercising  its international jurisdiction according to legal procedures to suo any one  accused of committing an international crime in to inflict Penalties against him or her، whether

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