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jols-99
دور القانون الجنائي الدولي في إنفاذ القانون الدولي الإنساني

The development of the phenomenon of crime in terms of quantitative and qualitative led to turn this phenomenon from the individual level to the international level... and now a wide range of individual called (victim), maybe thousands and sometimes millions... And from the use of simple primitive methods of killing the lethal weapons... This is the beginning of the international crimes against the security and safety of humanity such as genocide and war crimes and crimes against humanity.

Although it is hard to eliminate the crime, the efforts of the international community will necessarily be diverted to prevent the commission of serious crimes and violations or to limit their effects.

Since the existence of a judicial organ to deal with disputes of an international character is an effective mean to enforce and comply with the international legal rules governing combat, and there is authority to carry out the task of repudiation and punishment in cases of getting outside the law.

To that end, the international community sought to establish the rules of international criminal law and to develop the institutional aspect of international criminal justice through the establishment of bodies to establish criminal conduct and to prosecute those responsible for violating the rules of protection.

The term international humanitarian law refers to "the International Set of Rules that deals with the Victims of War and Armed Conflicts, which was codified at the beginning of the twentieth century in The Hague in 1907 and the four Geneva Conventions for the Protection of Victims of Disputes in 1949 and the Additional Protocols thereto, (1977).

The international community has recognized the need to apply the principle of criminal accountability for serious violations of the rules of international humanitarian law in the context of providing a repressive mechanism in the event of violations of those legal norms which guarantee the protection of a large part of humanity.

In order to improve the mechanisms of protection, they must be exercised at both national and international levels. Therefore, we devoted the first chapter of this study to the role of the national criminal judiciary in the implementation of the rules of international humanitarian law. The second chapter deals with the principle of universal jurisdiction and its role in international justice.  The last chapter will be about the status of International Criminal Court and its role in enforcing the rules of international humanitarian law.

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Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
Protecting woman during armed conflicts under the development of international humanitarian law

The international humanitarian law found the special rules to protect women meanwhile the armed conflicts whether international or non-international. These rules are adopted for woman because of two reasons : that she is from civilians and on the other hand that her special constitution demands a special protection. The international community's attention of women is increased as a result of the tragic situation that faced women around the world especially in the Middle East and particularly in Iraq during the American-British war and ISIS period, these two periods sort many negative effects that reach women such as captivity, slavery, sexual enslavement and rape women especially Yazidis and Christians....

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Publication Date
Thu Mar 02 2017
Journal Name
Journal Of Legal Sciences
مبدأ الإختصاص العالمي ودوره في تحقيق العدالة الجنائية وقمع إنتهاكات القانون الدولي الانساني

As the armed struggles grew on the international and national levels and due to the widespread violations of Humanitarian International Law, an urgent need emerged to search for mechanisms that to be just with the victims and restrain the criminals for achieving the Criminal Justice. We can say that adopting the international criminal specialization, in which specialization for countries' national courts are held for pursuing the violators regardless of place of their occurrence,  or criminal's or victim's nationality, could contribute into these requirements.

Judging on the effectiveness of the principle in achieving the desired goal requires knowing how far it could be dedicated in the framework of Humanitarian Internation

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The failure of international law to protect Iraqi cultural property from the intentional destruction by ISIS: A priority worthy of international protection

The destruction and protection of cultural property has been a feature of armed conflicts for thousands of years and it has received increasing international focus over the past two decades. This feature was clearly appeared during the recent armed conflict in Iraq. During the conflict, cultural property was subjected to intentional and organised destruction by members of ISIS. Although there are international legal norms to protect cultural property during armed conflict, however, this destruction has proven the failure of those rules to effectively deter these criminal acts. This Article analyses the framework of international law relevant to the protection of cultural property during of armed conflict in the light of that destruction,

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Historical Context of Migration in Morocco to Europe: from Forced Migration to Irregular Migration : Study in International Law

Considering that migration is moving to live from one place to another, with an intention in the place that was intended for a long time, due to the frequent movement of individuals from one place to another, and due to the different purpose of migration, we find external migration classified into legalized and irregular migration, and the reasons The growth of illegal immigration is due to economic,  social, and psychological motives, and therefore we find that it has multiple effects, both on the country hosting immigrants in terms of economic, security, social and health terms, or on the level of organizing international relations between countries, so countries sought to mitigate this phenomenon and deal with immigrants As stipu

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)

This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
International Child Abduction in the Framework of the Hague Conference on Private International Law

The prevailing pattern of child abduction has changed in the current era, and is no longer limited to the local borders of states but is taking an international turn, and the most accurate legal use of the term international child abduction originates in the Hague Convention on the Civil Aspects of International Child Abduction, which considers-as the naming of the convention suggests - In cases of kidnapping from the point of view of private international law, the essence of it is a bitter dispute over custody rights that develops to the point of abducting children across borders, to try to obtain custody of the child in another country, so that the snap here is a family member and most often a parent, as it causes many legal consequenc

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law

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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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law

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.

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Publication Date
Sat Dec 01 2012
Journal Name
Journal Of Economics And Administrative Sciences
International Cooperation in the Face of Internet Crimes

في بداية الستينيات ظهرت شبكة الإنترنت لاستعمالها في أغراض غير تجارية ، ثم تطورت بشكل مذهل خلال السنوات الأخيرة، فبعد أن كانت مجرد شبكة صغيرة أصبحت الآن تضم ملايين المستخدمين حول العالم ، وتحولت من مجرد شبكة بحث أكاديمي إلى بيئة متكاملة للاستثمار والعمل والإنتاج والإعلام والحصول على المعلومات .

 وفي بداية تأسيس الشبكة لم يكن ثمة اهتمام بمسائل الأمن بقدر ما كان الاهتمام ببنائها وتوسيع نش

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Publication Date
Sat Mar 01 2008
Journal Name
Journal Of Economics And Administrative Sciences
الفساد الإداري والتعاون الدولي لمجابهته

في إطار قراءتنا المتواصلة عن الفساد وقعت بين أيدينا دراسة شيقة في الاقتصاد نشرتها مجلة التمويل والتنمية في عددها الأول لعام 1998 تحت عنوان
(International Cooperation Against Corruption) للباحث (روبرت كليتكارد) ونحن ارتأينا نقلها إلى العربية بتصرف مع إضافات وآراء هنا وهناك أدخلناها للإغناء والتطوير.

يقول الباحث (روبرت كليتكارد) بمستهل كلامه: "إن محاربة الفساد بحقيقة أمره يعد قضية صعبة وحساسة ل

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