Researches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with in two section will be devoted the first of the concept of the crime of fleeing and the second will address the legal concept of this crime.
Ethnic cleansing is the systematic forcible removal of ethnic and religious groups from a specific area, with the intent of making the area ethnically homogeneous. Direct deportation is accompanied by genocide, rape, and destruction of property, so the crime of ethnic cleansing can be considered a crime against humanity and can be included in the Genocide Convention.
Ethnic extremism is a concept linked to the use of violence and weapons by a strong party against a weaker party. Extremism and fanaticism are often behind such a crime with the aim of obliterating or concealing the oppressed group in a particular geographical area.
The crime of rape is based on three pillars, the objective pillar which is the act of intercourse, the victim’s lack of consent pillar, and the subjective pillar, which is in the form of criminal intent, and since rape is an intentional crime, there is stability in the legal trend on its content, which is the knowledge of the perpetrator and his willingness to sexually assault the victim without consent.
However, there are many controversial issues regarding the act of sexual assault and the lack of the victim’s consent which are studied in this article. As the difference in the definition of sexual intercourse leads to the exclusion of many acts from the concept of the crime of rape, such as the difference in what is m
... Show MoreThe title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th
... Show MoreThe information and knowledge are the main source of wealth in modern age. They have become the source of power for the state and the base for its advancement and prosperity and a proof if the scientific and technological progress of the age. This knowledge can only reach an advance stage through the scientific research by scholars and researchers. Knowledge is based on an accumulate basis that depends on the scientific product of the scholars and research books for the purpose of developing them. That poses on the scholar scientific fidelity when conveying this information from the scholarly writings as the creator of this information is the holder of the copyright. Otherwise the research bears the liability of copyright infringement by
... Show MoreInternational attention to the fight against the financing of terrorism has been one of the most important systemic transformations of the modern international strategy for the prevention of the crime of terrorism. International attention to the financing of terrorism has gone through multiple periods، considering that funding has not been a priority for the international community. Which led the international community to notice that there are tools that assist terrorists, the most important of which is the financial instrument, namely finance. This has led the Security Council، the General Assembly of the United Nations and regional organizations to issue binding decisions and to develop international conventions that would And to ma
... Show MoreLegislation may be often not enough for protecting information, and regulatory strategies are insufficient as well. Technical means are not also sufficient in preventing risks threating information whatever their effectiveness is. Thus, the protection is a complex structure consisting of law, regulation strategy and technology. The increasing use of and reliance on computer information systems has highlighted the need for good information system management. Legislative control can have a positive effect on this system by providing deterrence and increasing the public awareness of users about the problem.
Consequently, it is required looking for legislative means at the time in which the fight is more effective against this kind o
... Show MoreThe international society feels the need to the placement of means and legal measures and procedures to fight the terrorism- financing crime , thus the UN has issued the international convention to fight the financing of terrorism for the year 1999 and a number of resolutions undertaking to control the terrorism funders in the world, specially the resolution 1373 for the year 2001 and followed by a number of states . The countries have placed legislations suited with the conditions of every state, but all of these countries agree to confront t
... Show MoreThe banking secret is a basic rule and the cornerstone of banking life, its historical roots are rooted in the history of ancient civilizations, and commitment to the capital attracts customers by ensuring that the bank keeps their business secret. This is important for the national economy ensure that the legislation regulates compliance with bank secrecy in its laws, making disclosure of the bank secret punishable, in addition to calculating the criminal effects on the bank employee, but also against the bank itself.
The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types. That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.
Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated
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