Preferred Language
Articles
/
jols-641
Superiority of Peremptory Norms in Public International Law

International law has proven that it is an evolving and flexible law over the years, and despite that, this development takes a very long time, as the concept of peremptory norms took 83 years to crystallize and have concrete and impactful applications, and within this development another modern concept emerged, which is the obligations Erga Omnes in the Barcelona Traction case 1970. We have concluded that these two concepts fall under a broader concept, which is peremptory norms, and this concept represents the common supreme interests of the international community, and consists of rules that transcend all other rules in international law, and it is not permissible to derogate or deviate from them. On the other hand, it bears the obligation of enforcement on all states in the international community.

View Publication Preview PDF
Quick Preview PDF
Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The Concept of Obligations Erga Omnes in International Law

The International Court of Justice, as the main judicial organ of the United Nations in its ruling on the Barcelona Traction case, raised the concept of obligations Erga Omnes in international law, but this Latin term Erga Omnes has been used with different meanings and connotations. Through the extrapolation of the jurisprudence of the International Court of Justice, we note that it used the term In the context of its traditional meaning of expressing issues related to protest and legal interest at times, and the issue of international law enforcement at other times, it also used the same term to justify the application of the effects of some international treaties on states that are not party to it, or the application

... Show More
Crossref
View Publication Preview PDF
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Prohibition of Perfidy in International Humanitarian Law

This research id entitled "The Prohibition of Perfidy in International Humanitarian Law".  International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit

... Show More
Crossref
View Publication Preview PDF
Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
Legal mechanisms to combat terrorism in contemporary international law

The terrorist threat has increased dramatically over the past three decades. After terrorist attacks were carried out in traditional ways and left limited victims and casualties in targeted groups and installations, they were carried out in very precise and sophisticated ways, benefiting from modern technology and losing huge losses, Or property and installations ...

Until recently, terrorist operations were usually aimed at hijacking civilian aircraft, abducting individuals, taking and holding hostages (prominent figures, diplomats and even private individuals), as well as dropping bombs and planting unexploded ordnance, but their dangers now escalated depending on the development of the means used and t

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sun Dec 01 2013
Journal Name
Political Sciences Journal
The legal provisions of the continental shelf in international law

الأحكام القانونية للجرف القاري في القانون الدولي

Crossref
View Publication Preview PDF
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Law Applicable to the Implementation of the Judgment of International Bankruptcy

International bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers. 

View Publication Preview PDF
Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law

The 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 More
Crossref
View Publication Preview PDF
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The crime of ethnic cleansing under international criminal law

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.

Crossref
View Publication Preview PDF
Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of National Committees in Applying International Humanitarian Law - Iraq as a Model

        In many countries there are national committees for the implementation of international humanitarian law that aim to advise and assist their governments in implementing international humanitarian law and spreading knowledge about it. The responsibility for the formation of these committees rests with the states, supported by the International Committee of the Red Cross, as one of the ways to ensure the effective implementation of international humanitarian law. The national committees for international humanitarian law seek to urge governments to implement and ensure respect for international humanitarian law and to contribute to its enforcement and dissemination at the national level.

View Publication Preview PDF
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Targeted Drone Killings Under International Human Rights Law

Targeted killings by unmanned aircraft are a dangerous means that threaten the human right to life, both in wartime and in peacetime. In wartime, international humanitarian law prohibits weapons that cannot respect general principles such as discrimination, proportionality and military necessities. In peacetime, all international instruments guaranteeing the protection of human rights prohibit attacks on the right to life, except in cases provided for by law, as well as extrajudicial executions.

 

Crossref
View Publication Preview PDF