Yaqeen Journal for Legal Studies

South Africa’s lawsuit and the international community’s position on genocide and the 2023/2024 Gaza War

2024-09-20T08:49:44+00:00

In this study, we talked about South Africa’s lawsuit and the position of the international community regarding the genocide committed by the Zionist occupation against the Palestinian people in the period following the seventh of October 2023. This study was divided into three sections. In the first section, we talked about the concept of genocide and its most important manifestations in light of the lawsuit that The Republic of South Africa filed it before the International Court of Justice on December 29, 2023, and we found that all aspects of genocide mentioned in the Convention on the Prevention and Punishment of the Crime of Genocide were present in the case of the Zionist occupation when it committed this crime after the events of October 7, 2023, as we talked about in the section. The second is about the position of the international judiciary on the genocide committed by the Zionist occupation, indicating the position of the International Courts of Justice and the International Criminal Courts on this crime and the most important decisions issued by the International Court of Justice in the case filed by South Africa. We reached the extent of the positivity of the decisions issued by the International Court of Justice in the case filed by South Africa. Despite the presence of legislative obstacles that may prevent the implementation of these decisions, we also spoke in the third section about the position of international organizations towards this issue, indicating the position of the United Nations General Assembly and the United Nations Security Council, as well as the position of the League of Arab States regarding the genocide against the people of Gaza that occurred in the following period. For October 7, 2023.

Keyword : Genocide, Gaza , South Africa , International Justice , Occupation.

Social Media: Balancing the Right to Privacy and the Right to Proof

2024-11-03T10:34:31+00:00

Conclusion

The emergence of the term" social media" in the field of communication technology is one of the new and innovative concepts at the present time, it has become closely linked to several magnificent rights devoted in laws and legislation, the most important of which are the right to privacy and the right to proof.
Social media has had a major impact on social and economic activities by providing features and services, such as sending messages, exchanging photos, and conducting conversations. the data and information in these media contained, of users and the possibility of adhering to them as evidence, this matter should adhere finding a balance between the right to proof and the right to privacy within the framework of social media.
The right to privacy is a fundamental right that protects individuals from unauthorized access to their personal information, and this right is effectively protected in many legal systems, However, the difficulty lies in how to find a balance between the right to privacy and confidentiality of private life and the right to proof, by which we mean the ability of individuals to provide evidence to support their claims before the courts, especially if this evidence is digital.
Accordingly, within the technical developments in the field of communications technology and its direct impact on the field of law, the rich evidence provided by social media in the scope of civil proof, and due to the absence of a legal system, legislative agreement and clear judicial orientation on their admissibility; it was necessary to highlight on the extent of the admissibility of evidence obtained from social media in light of the necessity of the opponents’ right to proof and the necessity of not violating the principle of the right to privacy and encroaching on the confidentiality of individuals’ data

Criminal protection of women from family violence between federal laws and Kurdistan regional- Iraq law

2024-10-06T06:55:50+00:00

Abstract

The issue of protecting women from domestic violence has received great attention from the international and local community alike. So many countries have sought to provide the necessary protection for women form forms of violence. This protection either is addressed in general code of criminal law or by special laws directly. Notably, the Iraqi legislator has not adopted the latter rather it provided this protection within the framework of the Penal Code No. (111) of (1969), and the Amended Personal Status Law No. (188) of (1959). The situation is not different in the Kurdistan law because it has issued law that protects individuals from domestic violence not specified for women. This can be observed from the Anti-Violence against the Family Law No. (8) of (2011). Eventually, this requires hard work in order to reach the development of a special law that protect women from violence.

Keywords: 1- Domestic violence 2- Criminal protection 3- Women

Civil liability for damages caused by loose dogs

2024-09-08T18:47:35+00:00

summary

The damage resulting from the phenomenon of stray dogs in Iraq raises questions about civil liability for these damages, especially in light of the shortcomings in the legal rules regulating liability for animal actions in Iraqi civil law. In this research, we concluded that there is no responsibility on the stray dog feeder, nor on the owner or owner of stray dogs who abandoned his dogs in Iraqi civil law. Rather, the person who bears the responsibility is the person in whose possession or control these animals are, which requires that The animal is owned so that the injured party can seek compensation for damages caused by stray dogs. At the end of the research, a set of recommendations were presented to the Iraqi legislator and concerned authorities with the aim of eliminating the phenomenon of stray dogs, and holding the relevant authorities in the country responsible for their damages when those parties negligently, in addition to recommending the addition of new texts to establish civil liability for damage to stray animals, including dogs, and the abolition of articles The old law relating to civil liability for the actions of animals in the Iraqi civil law.

Keywords: civil liability, loose dog feeder, dog guard, compensation, loose dogs.

Pressing Legal Issues of the Social Media Accounts

2024-07-18T10:57:09+00:00

Abstract

The rise of social media sites has dramatically transformed the humans’ interaction from material shape to digital shape. This dynamic change has helped information to fly and interconnect with enormous number of profiles in a short time. Through these engaging platforms, individuals can easily share information and exchange experiences in almost every aspect of life. These platforms have no limit capabilities in reaching out people, as well as geographical locations. Thus, businesses have started to utilize these social platforms for commercial promotion. The increasingly use of these patterns of social interaction gives rise to certain of legal issues. Yet, the functioning rules of these platforms are not clear. Furthermore, the relations between the users and providers, the users and the content, as well as the users and businesses need legal clarification. Therefore, it is significant that the engagement of individuals is shaped in a proper legal conditioning. This requires thorough analysis and deep-rooted legal examination of the social media policies that govern these platforms, as well as prevailing legislation, whether in Iraq or developed countries, that are pertinent to deal with such issues when arise.

Keywords: Social Media Account, Business Account, Personal Account, Virtual Property, Intellectual Property Right, Copyright, Labor Contact, Terms of Service, Ownership, Consumers’ Rights.

Analyzing sports law through legal perspectives

2024-11-03T10:41:05+00:00

Law as one of the human sciences regulates human behavior in various aspects, and due to the complexity of life matters in this era, different branches of the science of law were born. Each of them specializes in specific subject such as commercial law, aviation law, maritime law e.tc... Since sports activity has become inevitable in society and even in the world, the law intervened in this matter in order to regulate it, in the consequence new branch of law is born called sports law. The law, as it is known, born from a variety of sources, which means there is no law without the presence of the source. The sports derived from different sources; determining these sources is not difficult due to its special nature, and in particular it means the organization of sports activity of a different nature and also because of its global nature.

Therefore, this research deals with the meaning of sports law by answering multiple questions about it, including: Is there really something in the name of sports law? If any, how was it born? Does sports law have distinct characteristics? Does sports law have certain sources? Is it possible to sort out its sources? In addition to some others questions.

Keywords:

Sports law, global, official sources of sports law, sports jurisprudence, sports judiciary, sports codification.

The concept of real estate registration and its impact on Syrian law

2024-09-09T08:23:55+00:00

Real estate holds significant importance in the lives of individuals and communities، as it forms one of the fundamental pillars of the national economy and serves as a means to ensure stability and social peace. Therefore، this research aims to clarify the concept of property registration under Syrian law by highlighting the system of land registration and its characteristics، which are essential for legally documenting rights and properties to ensure individual protection. The research also addresses the necessary registration rights، emphasizing the importance of registering property rights to guarantee their legal protection against encroachment or disputes. Additionally، the study explores the impact of property registration under Syrian law on the transfer of ownership، illustrating how registration facilitates and enhances the effectiveness of ownership transfers.

Furthermore، the research examines the impact of registration on real rights، reinforcing the protection and proof of these rights. Through this، it becomes clear that property registration is not merely a legal procedure but a vital tool that contributes to enhancing trust in real estate transactions and providing a favorable legal environment for investment

Murder by luring a victim

2024-08-10T18:23:24+00:00

Abstract

This research discusses murder by luring a victim. Murder by itself does not necessarily qualify the murderer for the death penalty; it must be accompanied by one of the aggravating circumstances, which is exclusively stated in the Iraqi Penal Code. Yet, Murder by luring the victim is not considered one of these aggravating circumstances. To fulfill this legislative inefficiency and due to the fact that murder by luring the victim, which indicates perpetrators have high criminal dangerousness, has increased recently, and perpetrators resort to deceptive methods and surprise attacks to implement their crimes, we dedicated this research to find a suitable legal characterization for murder by luring the victim. At the end of this research, we concluded that, while murder by luring differs from premeditation in its gist, its elements resemble laying and wait as an aggravating circumstance. Additionally, sometimes justifications of murder by luring the victim to be considered as an aggravating circumstance exceed the justifications of laying and wait in murder in its traditional narrow concept.

Keywords: luring, victim, murder, aggravating circumstances, laying in