Yaqeen Journal for Legal Studies

Constitutional Protection of Criminal Rights

nairooz mustafa — 2025-12-31

This research addresses the topic of "Constitutional Protection of Criminal Rights," which is considered one of the most significant subjects within constitutional and criminal law. The study aims to assess the adequacy of constitutional provisions in safeguarding the rights of accused individuals against public authorities. It explores constitutional guarantees throughout all stages of criminal proceedings—pre-trial, trial, and post-conviction. The research also analyzes Iraqi constitutional texts while attempting to incorporate references to the constitutional amendments in the Kurdistan Region, evaluating their alignment with international human rights standards. The study concludes with a set of findings and recommendations intended to enhance the constitutional protection of criminal rights within the Iraqi legal framework.

The impact of federal supreme court decisions on the relationship between the two levels of government in Iraq: An analytical study

Dilzheen Mahmood — 2025-12-31

The Federal Supreme Court of Iraq plays an important role in overseeing the constitutionality of laws, interpreting the constitution, and adjudicating disputes that arise among the federal government and the regional governments. Nevertheless, various of the court's decisions linked to the Kurdistan Region of Iraq have raised concerns about its impartiality and political influence. Therefore, this research aims to analyze the legal framework governing the Federal Supreme Court in Iraq and its role within the federal system as well as examines specific court decisions that have negatively impacted the Kurdistan Region of Iraq. Moreover, it assesses the extent to which political influences have contributed to the court's decisions. This research used an analytical approach to analyze the decisions of the Federal Supreme Court and their implications for the Kurdistan Region of Iraq. In addition, a critical approach was adopted to evaluate the facts surrounding these decisions. Therefore, we have concluded that despite the long period of time that has passed since the entry into force of the Iraqi Constitution of 2005, no new law has yet been issued for the Federal Supreme Court in accordance with the constitutional provisions. Rather, Law No. (30) of 2005 has been amended, and thus the Iraqi legislature has not fulfilled its constitutional duty. The Federal Supreme Court's decisions regarding the unconstitutionality of the Kurdistan Region referendum, the unconstitutionality of the Kurdistan Region's oil and gas law, the amendment to the Kurdistan Region's election law, and the localization of salaries have had an impact on the relationship between the federal government and the Kurdistan Region from political, constitutional, economic, and social perspectives. We also proposed that the Federal Supreme Court exercise its work impartially and independently and issue its decisions without political influence or pressure from any party, as it is the constitutional court in the country and plays an effective role in protecting all sects in Iraq.

Keywords: federal state, Federal Supreme Court, independence referendum, oil and gas law, election law, salary localization.

THE LEGAL VALUE of the UNDECIDED UNILATERAL ADMINISTRATIVE ACTS COMPARATIVE STUDY))

nichirvan Sidqi Omar omar — 2025-12-31

Abstract

The Supreme Judicial Council is considered the highest administrative and oversight body for the ordinary judiciary, which was established after 2003 to ensure and achieve the independence of the judiciary from the legislative and executive authorities, which was previously linked to the Ministry of Justice, which is responsible for managing the ordinary judiciary. The Iraqi Constitution of 2005 stipulated the formation and powers of the Council, and referred the legislature the method of its formation, powers, and its rules of procedures. Law No. (45) of 2017 on the Supreme Judicial Council was issued, regulating the Council's formation, powers, and its rules of procedures through granting the Council the right to oversee and supervise the judiciary and manage its affairs, including the nomination of judges for appointment and the supervision on all administrative matters related Judges including, their promotion, transfer, assignment, and extension of service. The Council also has oversight responsibilities, including overseeing the affairs of the federal judiciary, monitoring the work of judges, and monitoring the implementation of judicial agreements and other matters. The Council is also responsible for managing the Council's budget. This council consists of the President of the Federal Court of Cassation as its chairman, the Vice-Presidents of the Court of Cassation, the Head of the Public Prosecution Entity, the Head of the Judicial Oversight Authority, the Presidents of the Federal Courts of Appeal, and the Presidents of the Judicial Councils in the region as members.

Key words: Judicial Council, Judicial Council Composition, Administrative Competencies, Judges, Judicial Independence.

Digital Crowdfunding Platforms from a Legal Perspective- A Comparative Study

عمرو سيد مرعي شلقامي شلقامي — 2025-12-31

In this study, we reviewed the legal aspects regulating the operation of digital crowdfunding platforms, explaining the nature of these platforms' operations, the nature of the relationships arising from their use, how data and information related to the operation of these platforms are protected, and the criminal and disciplinary responsibilities of the platform operator.

We concluded that there is a relationship between the investor and the platform operator, as well as another relationship between the operator and the financing applicant, and that there are some means of protecting the data and information related to the work of that platform in the legislation under comparison, even if there are some shortcomings in this legislation with regard to this matter.

We explained how these laws address criminal offenses and disciplinary violations arising from the use of these platforms, and outlined the regulatory authorities for digital crowdfunding platforms.

Keywords

Crowdfunding - Financing Platforms - Projects - Financial Activities

Legal Adaptation of Sexual Assault Through Virtual Physical Contact- An Analytical Study in Iraqi Penal Code.

يعقوب رمضان — 2025-12-31

This study addresses the legal characterization of sexual assaults committed through virtual physical contact, which occur within virtual reality environments utilizing haptic technologies that transmit tactile sensations to the victim, creating a real sensory impact despite the absence of direct physical touch. The research focuses on explaining the technical nature of such assaults, classifying their various forms, and analyzing their psychological effects, highlighting the urgent need to understand their seriousness and real-world implications. It further examines the extent to which these acts can be legally classified under the provisions of the Iraqi Penal Code, particularly Articles 396 and 397 concerning the crime of sexual molestation (Hatk Al-‘Irdh), through a detailed study of the material and mental elements, as well as the absence of consent. The study reveals significant legislative gaps in the current laws, including the Kurdistan Regional Law and the draft Federal Cybercrimes Law, as they do not explicitly address these emerging scenarios. The research concludes that while judicial interpretation may provide limited protection, it remains insufficient, thus necessitating explicit legislative intervention to criminalize violations of sexual sanctity through technological means and to establish appropriate evidentiary mechanisms and investigative procedures.

The Limits of Administrative Discretion in Job Transfers and the Position of the Iraqi Administrative Judiciary Thereon

faris ali jangeer — 2025-12-31

Abstract:

The public administration enjoys broad discretionary authority in making its organizational and executive decisions, including job transfer decisions, which constitute administrative measures with a direct impact on public employees and the course of administrative work. However, this authority is not without legal boundaries that require adherence to the public interest and the avoidance of any misuse. The role of the Iraqi administrative judiciary emerges as a supervisory body to ensure the legality of such decisions and to protect employees’ rights. This makes the study of the legal limits of such authority and the extent to which the principle of public interest is applied through administrative judicial review a pressing necessity for understanding the nature of the relationship between the administration and the judiciary, as well as for strengthening the fairness of administrative procedures. The administrative judiciary plays a pivotal role in reinforcing the principle of legality, which contributes to the stability of the administrative system and the establishment of a work environment characterized by fairness and transparency. This role is manifested in the oversight exercised by the judiciary over administrative decisions, particularly those related to employee transfers, where it undertakes the task of verifying the compliance of such decisions with applicable laws and regulations and ensuring that they are issued based on objective and justified grounds that guarantee the achievement of the public interest and equal opportunities

International Efforts to protecting Environmental migrants- Analytical study

هيفي القانون الدولي العام وحقوق الانسان — 2025-12-31

Abstract

This study examines critical issues in international law: the efforts to protect environmental migrants. environmentally induced migration has become one of the most prominent topics on the international agenda. this study aims to explore the legal frameworks governing environmental migration at the international level, identify existing gaps, and propose appropriate legal mechanisms to safeguard the rights and dignity of environmental migrants. by an analytical and descriptive approach this reseach analysis international legal instruments relevant to migration and refugee protection and descriping account of the environmental migration phenomenon, highlighting its main causes, An applied method was utilized by examining the case of Iraq, a country that has experienced significant waves of displacement and migration driven by environmental degradation and climate-related challenges. This case illustrates the necessity of addressing the legal status of environmental migrants within international law.

The study ends with some conclusions such as: environmental migrants currently lack explicit legal protection under international law. and some recommendations as amending the 1951 Refugee Convention to include environmental migrants within its scope. or adopting a protocol, specifically addressing the legal recognition, rights, and human dignity of environmental immigrants.

Keywords: International law, climate changing, human rights, envirnmental immigarnts, iraq.