Volume 3, Issue 2, Spring 2012, Page 1-370

The principle of universal Jar diction and Scope of application

Noaman. A. Al-Heety

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 1-29
DOI: 10.37651/aujlps.2012.61059

Under traditional jurisdictional rules, only states with a direct connection to a crime can prosecute it, while, universal jurisdiction is criminal jurisdiction based solely on the nature of the crime, regardless of where the crime was committed and the nationality of the victims or the accused.
Defenders of Universal jurisdiction claim that it is the essential tool of the international community in its endeavour to bring the accused of war crimes and crimes against humanity to justice .
Critics say that Universal jurisdiction abuses to international relations, raises judicial chaos, and interferes with the political and diplomatic solutions.
This principle is becoming a potent instrument of international law, but it is poorly understood by most public officials and citizens
This paper, aims to provide an explanation of the principle, its legal basis, its conditions, and the crimes covered by it.

the Right of political participation: reference

Alameer Abed; Awad Abass Abed; Alaazez Al- Hardan

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 30-59
DOI: 10.37651/aujlps.2012.61060

Law gives rights as a facility and guarantees it, while freedom is the ability to practice rights.
Political freedom is wider than political freedom, it moves in a wider sphere.
Each freedom whom legalized becomes a right. Freedom which is not adopted remains in the sphere or non – rights. Therefore, our research (the right of political participation) tries to form of reference less than a theory but higher than the idea.

The Concession of contract and Sub contracting in the contracts of special consideration

Mohmmad Wahab Mohmmad; Saad. R. Abdu Al jabar; Alaa Hussein Ali

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 60-90
DOI: 10.37651/aujlps.2012.61061

This study focussed on how to protect and achieve the benefit for contractor after the conclusion .The debtor abligated to do his commitment by himself however he waived or contracted with another one by depending on first contract.The study delt with effect of the contract if the needs of contract affected with person or something dependon objects or conditions therfor the researcher relied on the evalution and qualifying the legal text which used in the research to be in the right way and deleted any deformity hence ,he should be suggested the approparite legal text inorder to supply.
The research consisted of two parts.The first part specified the general side of waiving contract and sub-contracting in the personal consideration contracts . The second one explicited the waiving judgement of the contract and the sub-contracting in the personal consideration contract .At last the researcher clearified the results and wills for Iraqi legislature

Workers the legal provisions In Qualified Industrial Zones

Saba Noman Rasheed Aloisi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 91-125
DOI: 10.37651/aujlps.2012.61062

The title of this research is " the labour law and the change carves "( as a comparative study between Iraq and Syria ) It’s contains the concept of large changes of labour circumstances in the compare Arabic labour legislations specialy in Iraq and syria , and the international labour organization .
Finally the last chapter have a conclusion which contains some result and suggestions which may be benefit in practical legal life.

Formal contract surface - the concept and effects "legal study comparison between the practice and the legal system for a surface"

dr. Asmaa sebur Alwan

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 126-147
DOI: 10.37651/aujlps.2012.61064

In spite of the agreement among legislation , courts and jurisprudence that the right of specifics has not appeared but just through the contract, this agreement not implied the matter of "formation " in which must be available to conclude the contract, the question is : Is it for proofing of for concluding.
Through the legal articles that related with the right of specifies in Iraq civil law of registration and the law of evidence .
It is obvious that the formation for concluding . for this point, we intended to determines the meaning of this formation and its concept and the procedures that should be followed to be found and the conditions with the point of view for jurisprudence and legislation and the effect due to its lacking .
All these matters according the scientific standards and the scientific fact .

Civilian loss of the right to be protected from direct attacks

Osama Sabre Mohmmed

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 148-189
DOI: 10.37651/aujlps.2012.61065

One of the most major targets and the core of international humanitarian law is to protect civilians in armed conflict, under the rules of law have the personnel and the civilian population the general protection of the implications of combat operations carried out by the armies and to achieve the protection required by law to combatants discrimination for the duration of the conflict between civilians and combatants, and directed operations against the military targets only, and increased attention to the protection of civilians in recent times as a result of the evolution of the great fighting styles and the emergence of advanced technology and destroyed in the fighting and has faced international law, humanitarian operations increased for the participation of civilians in hostilities, especially in the wars of national liberation Tpinha Additional Protocol I and increase the ICRC's concern of the Red Cross as a result of the expansion of civil wars (non-international conflicts), and as a result had to be addressed by international humanitarian law for the participation of civilians in hostilities because such participation represents an exception is the origin of non-participating because the latter case is giving rise to the protection and came addressed through the identification of key base in the Protocols, which states (enjoy the protection of civilians from direct attack unless they take a direct part in hostilities and over time as they take a direct part in hostilities).

Criminal liability for TV channels (Comparative Study)

Audey . J . Hadi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 190-230
DOI: 10.37651/aujlps.2012.61066


There is no doubt that the satellite represents a manifestation of the evolution of the modern era. This development has a positive side and the same time has a negative side and the negative side are images of crimes being committed by these channels. These multiple crimes of which affect the private life of man, which is exposed to his reputation, including what is the money and there are other crimes such as death threats and incitement to murder or robbery and other crimes other.
In order to take the crimes committed by satellite channels divided the search to the first three sections we dealt with the nature of the satellite and the first three sections devoted to the emergence of satellite channels and II we discussed the definition satellite and the third dealt to the types of satellite channels. Either the second part, we discussed the limits of criminal responsibility for the channels of space and the difficulties facing the trial of such channels, which limits the first two requirements of criminal responsibility and the second dealt to the difficulties facing the trial of the satellite channels. Either the third part has been allocated for the crimes committed by satellite channels and penalties with four demands of the first of the crimes urgent private life and the second for the crimes of slander and libel and the third for the crime of theft and IV we discussed some of the other crimes can be committed by satellite channels and we ended conclusion the main findings and recommendations

Criminal policy in the military penal code no 19 of 2007 in force

Mannar Abdul Mohsen Abdul Ghani

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 231-250
DOI: 10.37651/aujlps.2012.61067

Require the special nature of military forces and derived from the function entrusted to it to have as governed by the legal provisions in which nothing of importance in the area of penalties and offenses, as the application of general rules in the Penal Code for unlawful acts committed by the military will lead to the failure of those rules for achieve the desired objectives of development of the Military Penal Code, and the lies the importance of the research topic in the scope of the Military Penal Code as a set of legal rules governing the military in the performance of their duties and that the military does not allow her to stop being prejudice the vital interests of the State's supreme.
According to the above Zrorh stand on the extent to which criminal policy current is sufficient to address the crimes committed by military personnel or not, as well as the extent of the applicability of the General Penal Code of the military or that it is not true, which means that should be subject the military to the Military Penal Code only.

Obstacles to Turk's accession to the European Union

Mohanad Hameed Mhaidi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 251-274
DOI: 10.37651/aujlps.2012.61068

Turkey, which is seeking since 1987 to join the European Union, still to this day of accession negotiations are taking place despite all the political and economic obstacles that stand in its way of Europe. And the religious factor plays a major role behind the survival of Turkey outside the EU, the Islamic identity of Turkey hinder the entry of the European Union, which also wants to keep the case on what is it for the longest time possible

Belgian federal political system And its role in achieving political and social stability

Rana Mawlood Shakir

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 275-300
DOI: 10.37651/aujlps.2012.61069

Federal system is the only system capable of uniting entities civilian vehicle in the structure of a State, or a society marked by difference of religious or historical, linguistic or national, Federalism seeks to unify those different entities within the framework of one state, therefore, prepared by specialists from many systems that have the value great democracy, as it allows the existence of legislation and local administrative systems, be more appropriate in favor of those entities.
Federalism combines independence and integration, between centralization and decentralization, and between national unity and autonomy, to ensure the rights of each class or component lives within the framework of the central state, that the phenomenon of federalism has become an indicator of interest in the principles and the rights of minorities and ethnic and religious nationalism and respect, and despite the application of federal varies from one country to another, according to the reality and specificity of each community and country, but the experience of federal Belgium has proved the contrary, They are inspired by her experience of many experiments the federal various Fbljika affected by the quoted ones, but they are compared to those experiences of the most successful federations in the world, as a result of adoption of a new method in their application, are pursuing a decentralized governance and the application method of consensual democracy, which provided for the people of the Kingdom of Belgium deal better of social justice and political balance, which contributed to the sustainability of peaceful coexistence between all components of the Belgian people disagreeing

Tax treatment under the principle of equality before the tax

Duried Essa Ebrahim

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 301-331
DOI: 10.37651/aujlps.2012.61070

This research examines the most important points relating to tax treatment under the principle of equality before the tax, it shall identify the research nature of this treatment through the concept of legal centers in the original scope of the public or the exception to this principle
It also examines research nature of the exception and determine what is justified under the principle of equality before the tax together with the credentials, and an exception is justified as a departure from this equality, through what we put the standards can be measured by the nature of the tax treatment under the principle of equality before the tax is .

Crimes related to information of the stock exchange

Jamal Jasem mohammed

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 332-356
DOI: 10.37651/aujlps.2012.61071


Concerning the protection of criminal to the securities market of the legal texts that define images of the act, or refrain considered a crime therein, and the penalty for each of them, and will be described in this research-related crimes Palmaloma in the stock market, where touching it to define the concept of the information featured is declared by the market securities-related crimes and pictures of this information and the elements of these crimes and the penalty for such crimes, have made our findings and recommendations that we see in the folds of this research.

Comment on the decision of the court of Cassation ((nullity of usufruct contract))


Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 357-363
DOI: 10.37651/aujlps.2012.61072

Be described in this review Show jurisprudence that I went to him the Iraqi courts and included the recognition of the holding surface contained a drug, wrong because it is not recorded in the Real Estate Registration Department as a lease and set forth on a property and not a surface , and we take this new direction the show and Analysis .

Comment on audition (over the legacy attached represent defendants)

Rahem Sabah Al- Kubise

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 2, Pages 364-370
DOI: 10.37651/aujlps.2012.61108

The issue went ownership dispute in the lawsuit in accordance with resolution 1198 of 1977, as amended in the case of the death of contractor
Sparked confusion on the litigants to judicial applications and variations differing views, and the reason for the difference
As it seems is the place of fulfillment of obligations after death, meaning that the estate passed to heirs once death?, And the answer was