University location: Basrah

First pages:

Abstract: The aim of thesis is to shed light on the role of the General Prosecution in protecting of public funds in Iraq and to evaluate this role, based on the objective which is stipulated in Article 1 of the General Prosecution Law No. 159 of 1979, which is effective and the purpose for which it was found, (Public interest) or public right. The General Prosecution is considered the agent and the legal deputy of the society in the defense of his legitimate interests and rights.According to the importance of public funds in the conduct of the State's activity and public facilities. And it has an effect to achieve economic, military and security stability and its reflection on the public interest, this has made the legislation seek to provide adequate legal protection for it. The protection of the General prosecution is one of the protection types, as a procedural protection is not limited to the criminal side of the power to initiate criminal action against the public right to crimes in general and corruption offenses in particular, but extends to the civil side of intervention and presence in civil proceedings to which the State is a part of it or claim civil rights arising from criminal case.These papers aimed to shed the light on this protection and its effectiveness in achieving its goal, as it became clear to us that this protection in Iraq is weak and without the level of ambition ,due to several reasons, some of them regard to the same system, and others regard to the legislation of the prosecution In addition to the fact that the law when it set the goal of preserving the state funds did not give it special or exceptional means to reach its goal and others traditional jurisdictions, and the research did not deal with its jurisdictions (Before and after the trial),which are general terms of reference for all crimes, but these papers focused on its role in Iraq and its jurisdiction in the field of criminal action in crimes of public funds.As the General Prosecutor's Office in Iraq is not alone in seeking to protect the public funds ,but there are other commissions that have been developed by the legislator, such as the( Federal Financial Supervisory Board), and new commissions that have been established after 2003 such as (the Integrity Commission, the offices of the Inspectors General and the Anti - Money Laundering Office) The relationship between the public prosecution and these agencies in the framework of protecting public funds and combating the corruption, as it has been shown that there is a close relationship between them and they are important news sources for the prosecution's office on corruption cases in addition to others. Also there are several procedural participants, including the Integrity Commission(as an investigative body works under the supervision of the investigating judge and prosecution.The studies revealed the integral role of these bodies as a legal system in which the General prosecution occupies the important role and polarization. The studies concluded that the necessity of connecting these devices technically to the General prosecutor's office in addition to some legislative amendments to the laws that were created In order to activate the role of the public prosecution in the protection of public funds. Also the thesis dealt with the guarantees that have been required by the General prosecution in order to strengthen its role in protecting public funds. The most important security guarantees were the guarantee of independence and the guarantee of specialization. The General prosecution in Iraq , theoretically andpractically, is not independent but it is subordinate to the Supreme Judicial Council and one of its formations , and this is contrary to the Iraqi Constitution, which made the General Prosecutor's Office one of the formations of the judiciary mentioned in article 89 of the 2005 Constitution, These as for the guarantee of specialization are important and needed by the public prosecution system to activate its role as the study concluded that the current structure of the public prosecution is timid and does not meet the requirements of the stage for the public prosecution system in protecting public funds, in contrast to some comparative legislations. Unlike some comparative legislation the Arab republic of Egypt, which formed several specialized bodies including the body of Egyptian public funds our study was compared to some of the legislation, which (French, Egyptian and Jordanian legislation) The comparison does not necessarily mean that such legislation is necessarily the best, but the purpose is to benefit from the experiences of these countries and determine the position of the Iraqi legislation. To choose what suits the country and its circumstances.It should be noted that the draft law of the new General prosecution for the year 2016 was not absent from the researcher where the study covered the points of positive and negative, negative aspects were more than positives, and at the end of the thesis we reached many of the results and proposals, which we mentioned above, The agency in Iraq that the legislator has made the prosecution of the public right is an optional and not obligatory, and not limited to be done by the prosecution, but made it by other agency , and its role is unclear and weak during the stage of investigation and collection of evidence and during the initial investigation stage. the thesis has identified the miscarriages and developedappropriate solutions that the researcher hopes to resonate with the higher authorities and decision makers in IraqWhere the study identified the imbalance and developed appropriate solutions that the researcher hopes to resonate with the higher authorities in Iraq and decision makers...... and last but not least, no matter how much effort, it remains a minor because the perfection of God Almighty, and This thesis is only a modest seed in the path of reform and the advancement of the status of the prosecution in Iraq and its positive effects on the path of reform in the country in general..Praise be to Allah, Lord of the Worlds

الحماية الدولية للبيئة اثناء النزاعات المسلحة == International Protection For Environment During Armed Conflicts

Author name: احمد حميد عجم البدري

Supervisor name: عدنان عباس موسى النقيب

General topic: Law

Specific topic: Public International Law

Degree: Master

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: The subject of The International Protection Environment during Armed Conflicts is considered one of the modern subjects in one time.Before, human was the curve of International efforts concerning to provide him with many ways of protection ,now the interesting changed toward Environment to be an important subject in three branches of International Law branches. The first one is the Humanitarian International Law ,that puts the principles and rules which governs the conflicted sides. The International protection of the Environment during the armed conflict depends mainly on the rules and principles that issued by the law. The International Law of Environment is considered the second branch of International law ,which provides the International protection to the Environment during armed conflicts ,and if this law was made to be practiced in peace time, the International efforts reached to an idea that they can practice in Armed conflicts, because the goal is to protect Environment. The third branch of International law that provide protection to the Environment during Armed Conflicts is the Criminal International Law. This law provides a legal to establish the International Criminal responsibility for anyone who commits war crimes against environment by a text issued from International Criminal Court ,also the main general basis of the International Law which can protect the Environment. This study is showed the International protection resources of Environment during Armed conflicts, and it is the same resources that included article 38 of the main system of International court of Justice that represented by International agreements, traditional law , General principles of law and the court decisions.The paper discussed the efforts of United Nations and the International Committee of Red Cross ,and the United Nations plays a great and effective role to spread protection according to the texts of law and convention ,and by decisions that issued from the International conferences to protect Environment, and by decisions made by general committee ,and other efforts that done by the organization. The International Committee of Red Cross its role can be explained by the preservation role before the Armed conflict occurs ,and its observation role during the Armed conflict. The protection rules in its different kinds will not be active unless punishing the who violated these rules. This study discussed the International responsibility of Environment damages during the Armed conflicts by mentioning the conditions and obstacles to achieve this responsibility, and showing the types of this responsibility and their consequences for each type

Author name: فلاح مهدي عبد السادة

Supervisor name: سرمد عامر عباس

General topic: Law

Specific topic: International Humanitarian Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

اثر النظام الدولي الجديد تطبيق في نظام قانون حقوق الانسان : دراسة قانونية == The Effect Of New International System Application In Human Rights Law Legal Study

Author name: حيدر ياسين طاهر حسن الياسري

Supervisor name: مها محمد ايوب

General topic: Law

Specific topic: International Humanitarian Law

Degree: Master

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: يعد موضوع اثر النظام الدولي الجديد في تطبيق قانون حقوق الانسان، من الموضوعات المهمة التي تستحق البحث بعناية واهتمام بالغين، حيث ان النظام المذكور او ملامح هذا النظام - ان صح التعبير - انعكست بشكل واضح وجلي على تطبيق القاعدة القانونية الدولية بشكل عام، والقو | The subject of the impact of the new international order in the application of human rights law, one of the important issues that deserve search carefully and interesting, where the mentioned system or features of this system reflected in clear and obvious to apply the rule of international legal in general, and the rules relating to human rights in special, so we chose to go into ourselves, but in the midst of this topic, with its ambiguities. And we tried to determine the concept of the new international system, and its most important features or characteristics. So we didn’t found a definition objection to this system, every researcher or jurist look from his specialist corner, and the view may be economic, social or cultural or legal or political, as we have noted that the system of a temporary nature, and is led by a unipolar, with the rule of values and foreign concepts , and the decline of the role of the UN in the settlement of international disputes.The term New World Order found prominently at the end of 1991, after the disintegration of the former Soviet Union and the uniqueness of the United States as a single dominate the international relations, its dominance of the Security Council, control capabilities of the Organization of the United Nations, to harness the goals and principles of the United Nations and other rules of international law to their advantage, especially the stage of the balance of power and bipolarity are gone and replaced by unipolarityThere is also who denying the existence of a new international system in the legal sense of the word, and is considered a delusion is not the truth, has we agree with this point of view, where we are if we accept the existence of such a system, it entails the existence of new international legal rules, or a new international organization , or at least modified some of the provisions of the UN Charter, and such a thing did not happen at all. Then we show the impact of the new international system on some international legal concepts and the expansion of the concept, as human rights, humanitarian intervention, and the concept of sovereignty. That's where human rights and the interest in them is no longer a purely internal matter and interference in the domestic jurisdiction of states, but has become an international issue and concern to the entire international community, so that it became his duty to intervene in a moment that feels that a violation is long of human rights and fundamental freedoms. More than that, the UN Security Council links between human rights violations and threats to international peace and security as envisioned on Article 39 of the UN Charter. When humanitarian intervention has abounded practice especially by the major countries under the pretext of protecting human rights, noting that there are interventions illegally, mainly by the provisions of Article (2/7) of the UN Charter, which unapproved intervention in the internal affairs of States, under any pretext, except for the intervention of the UN Security Council as part of measures of repression by the provisions of Chapter Seven of the UN Charter, and the same thing has done for the rule that the expansion of the concept, and turned the rule absolute sovereignty to relative normal flexible sovereignty to respond to international changes.We dealt with the models of the human rights violations that have occurred in certain countries, and the intervention of the UN Security Council to issue decisions based on a lot of them to Chapter seven of the UN Charter, as is the case in connection with the Security Council resolution of NO. 688 (1991) against Iraq, and the UN Security Council resolution of violations of human rights in Kosovo, Bosnia and Herzegovina, Haiti and elsewhere.We reached to the result of research in this vital subject about in the international dangerous changes happened at the level of international relations, in the application of the rule of international legal, especially on human rights, and we concluded at the end of research to a conclusion included the most important results and necessary recommendations in order to achieve the research goals of scientific desired, and Allah of the intent behind.

حماية مقر البعثة الدبلوماسية في القانون الدولي == Protect The Diplomatic Mission's Headquarters In International Law

Author name: مسلم طاهر حسون الحسيني

Supervisor name: صلاح جبير صدام البصيصي

General topic: Law

Specific topic: Public International Law

Degree: Master

University: University of Kerbala - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Karbala

First pages:

Abstract: يحظى موضوع حماية مقر البعثة الدبلوماسية في القانون الدولي باهمية خاصة يتاسس على ضرورة ضمان الحماية الكافية لمقر البعثة الدبلوماسية لتمكين افراد البعثة من اداء وظائفهم على اكمل وجه بوصفهم ممثلين لدولهم كما اكدت على ذلك الاتفاقيات الدبلوماسية والقنصلية , وع | the protection of the diplomatic mission's headquarters in the international law enjoy with particular importance, as it is based on the need to ensure adequate protection for the headquarters of the diplomatic mission to enable mission members to perform their jobs to the fullest picture, as they are representatives of their respective countries. as it stressed on that the diplomatic and consular agreements, and on this basis, the protection of the mission headquarters and all accessories have an extreme importance as a link of communication between the various countries of the world. Consequently the highlights importance of studying the protection of the diplomatic mission headquarters to maintain the permanence and continuity of international relations as well as to maintain the foreign vital interests and protect them from abuse and attacks that are exposed, which imposes on the states to do the necessary to ensure the protection of diplomatic headquarters and to ensure the sanctity according to international conventions measures. The international community witnessing an expansion and development in the field of international relations, and the countries strive to consolidate and strengthen these relations through the upgrading of international cooperation in all areas. Diplomacy considered as the main pillar in the international exchange between all countries of the world, as well as the important role they play in the establishment and the consolidation and deepening of international relations, and through diplomacy many of the disputes and conflicts and problems are addressed and resolved as consensual of the Parties, And to promote an atmosphere of good mutual relations between the countries of the world, and on this basis , all countries sought to establish and set up diplomatic missions, to represent their countries at the other countries, and to reconcile between common vital interests and based on that the consequences of the establishment of diplomatic bodies set up physical entities to those diplomatic missions of buildings and diplomatic headquarters the international community has been concerned with a great interest in providing protection to the headquarters of the diplomatic mission and all accessories, And this protection stems from the importance of diplomatic relations between the countries of the world. It is necessary to say that the protection of the diplomatic mission headquarters constitutes one of the basic rules of international diplomatic organization from the beginning of international relations between countries , because of that the diplomatic mission represents a key element in the formation of the diplomatic mission, and thus represent the physical entity for it and for the state represented by , so that the norms was confirmed in diplomat to secure protection for the headquarters of the diplomatic mission and all its buildings by host country , so that the mission members to perform their jobs freely , tranquility and safety , at the same time the rules of diplomatic law placed obligations on the state and accredited staff missions using diplomatic headquarters for Legitimate diplomatic business and what is not incompatible with the duties and functions of the diplomatic mission. And WITNESS WHEREOF, we dealt this study to protect the diplomatic mission's headquarters in international law by dividing this Search to three chapters where we have dedicated the first chapter to demonstrate the concept of the protection of the diplomatic mission headquarters and scope and the rules governing them within the first section of this chapter , while we dealt in the second part with immunities and privileges prescribed to protect diplomatic mission headquarters and dealt with the exceptions that are provided for the immunity of the mission headquarters, we have dealt in the second chapter with the legal regulation to protect of mission headquarters, in the first section of this chapter we dealt with the legal nature of the protection mission headquarters as well as protect them in accordance with relevant international agreements. While the second section of it dedicated to the statement of the legal rules established to protect the mission's headquarters during the armed conflict, and finally, we search the liability arising from the violation of the sanctity of the diplomatic mission's headquarters , in the third quarter, where the first part of it addressed the responsibility of the host country and its strains and its basis and its effects arising from the violation of the sanctity of the mission headquarters, we dealt in the second part with the responsibility of individuals through the statement of the nature of the violations committed by individuals as well as the statement of sanctions resulting from the violation of the protection of the diplomatic mission's headquarters in accordance with national legislation and international conventions and the phenomenon of attacks and abuses on the diplomatic mission and the headquarters especially in light of the current international situation as one of the most important motives in writing this research.

الرقابة المتبادلة للحكومات المحلية في قانون المحافظات غير المنتظمة في اقليم رقم 21 لسنة 2008 المعدل : دراسة مقارنة == Control Of Mutual Local Governments In The Law Of The Provinces Irregular In The Province Of 21 Of 2008 Average Comparative Study

Author name: نزار محمد جاسم الموسوي

Supervisor name: غازي فيصل مهدي

General topic: Law

Specific topic: Administrative Law

Degree: Master

University: Alalamain Institute for Higher Education - Department of Public Law

Language: Arabic

University location: Najaf

First pages:

Abstract: After 2003 Iraq has witnessed a shift in its administrative system. After it was decentralized theoretically and centralize practically. The Iraqi legislature has been adopted by a decentralized system politically and administratively. It made the first system as a base to regulate the relationship between the region and federal authority. And made the second one under which the relationship between the central government and the provinces which are not organized in a region.Governorates not organized law has reversed in the territory No. 21 of 2008 amended as possible parliamentary system, which was brought by the Iraqi Constitution properties, to suit the local government level in the governorates not organized in a region by organizing supervisory relationship to local governments, similar to a large cross - censorship boundary between parliament and the government in a parliamentary system.Governorate councils and advisory councils practice a significant control role on the on local executive bodies oversight function varies depending on the level of the Administrative ,Unite ,which these councils represent and it includes all of the executive committees activities except for the court and military contingent and colleges and institutions.The control is not limited on the activities of the general local facilities but includes the main personal of these committees as governors and senior positions. This controlsubstantiate through the authority of governorate on their discharge or exemption of their positions in accordance with the terms stated by the law.However, these councils cannot perform its control role effectively on the local executive bodies except through clear mechanisms for the exercise of this jurisdiction and we see through this research that the mechanisms set by the law is not sufficient to exercise this kind of control effectively.In return for the powers granted by law to local councils to the heads of administrative units in the recent granting of authority in the face of these local councils, but these control enjoyed by the local government some obstacles may sit making exercise supervisory work is not the level of ambition.

الحماية القانونية لخدمة البث الفضائي == Legal Protection Of Satellite Broadcasting Services A Comparative Study

Author name: بيداء خضير عبيس فضل

Supervisor name: ميري كاظم عبيد الخيكاني

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Al-Qadisiyah - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Qadisiyah

First pages:

Abstract: في ضوء التطور المستمر في مجال تكنولوجيا الاتصالات وخاصة في مجال الاقمار الصناعية, اصبحت خدمات البث الفضائي اقوى واهم وسيلة لارضاء حاجة الفرد اللامتناهية للمعرفة, بايصالها المبثوثات السمعية والمرئية الى الجمهور متجاوزة في ذلك مختلف العوائق الجغرافية والحد | In light of the continuing evolution in the field of communication technology, especially in the field of satellites, Satellite broadcasting services the least become stronger and the most important a means to satisfy the need of the individual endless for knowledge, receipt them on audio and video Broadcasts to the public exceeding in various geographical obstacles and international boundaries, Scientific and technological advances have contributed The emergence of so - called satellite That exceeded the capabilities of different means of communication, Greatly influenced the development of broadcasting services And converted from terrestrial broadcasting technology to Broadcast technology via satellite Expansion of technical coverage to include the vast distances of The Earth Which led to the possibility to capture Broadcast signals By receiving stations non directed to Originally transmission Which led to the abuse of Satellite broadcasting services and damaging the approaching offered Hence the urgent need emerged The need to provide Effective legal protection That keep pace with advanced technology Services satellite broadcast And accommodate it, Therefore this study was to address the previous problematic and find appropriate solutions, the fundamental problem around which this research lies in the possibility of protection of broadcasting satellite in accordance with Iraqi legislation services. In this context, several questions arise, including : (1) What should be protected in accordance with Iraqi law? It must specify the target of the protection of services satellite broadcasting, does mean the protection of these services in the protection of broadcasting itself or the content being broadcast. (2) What are the rights that should be granted to the providers of services satellite broadcasting? And if they actually enjoy certain rights does enough to protect them? (3) How should the protection of services satellite broadcasting in accordance with Iraqi law? Is it enough traditional legal means to protect these services? We discussed this subject in three seasons, we have dedicated the first chapter to show the concept of satellite broadcasting services, through a statement of what it is, we have discussed in this chapter types granted to the satellite broadcasting services of legal protection At the level of national and international legislation. The second chapter dedicate to determine the rights of the satellite broadcast services through a statement the concept and determine the legal nature, as we touched it to the owner of these rights through defined and distinguished from the others, and finally the third chapter, which we dealt with the boundaries of legal protection of services satellite broadcasting, And Clarified the scope of that protection and legal restrictions that are set out in addition to determining the means of protection. We have found through research that services satellite broadcasting economic advantage distinguish it from other namely, it's always a paying Whether this contrast directly Agra or indirectly as it may devoid of any form of forms of direct financial payment to be paid by the recipient of the service provider as opposed to made available, but it financed indirectly by advertising revenue or airtime charges. It follows the services satellite broadcasting group rights granted to the offered it, some of which are fixed rights have a firm stance in international copyright law and adopted by most of the domestic laws, include the rights of rebroadcasting and installation, copying and communication to the public, in addition to other rights have been developed to cope with an update on trading in broadcasting services market, which is the rights of access and distribution following the transmitter to be installed. And also introduced additional protection is arranged all the previous rights to previous signals for broadcast. We also found that the legal protection of satellite broadcasting services to be on three levels, the first level is the established legal protection Texts of various laws, while the second level of such protection is to technical protection Using Control How to access To broadcasts, while the third level of protection is represented by devoting legal protection for technical means of protection. We have found through our research to several proposals may be the most important, need to review the definition broadcasting service contained in the (m 1, P 4) of the Iraqi Media Network, Law No. 26 of 2015 on several things including : the exclusion of transmissions over computer networks of the concept of broadcasting and that was transmitted by wireless means, and not to describe broadcasting services for free Because it means that these services are provided free of charge, while the contrast or pay basis element of the broadcasting services. And deal with the problem the absence of legislative organization texts of the restrictions contained on the legal protection of the broadcasting services and emphasize the importance of the restriction on the right of the public to access major importance based on the right to get the information that prevents the exclusive broadcast of the events which are of major importance for the Iraqi society, in a way the events lead to deprive a large proportion of the possibility of follow - up of these events directly or deferred coverage.

التنظيم القانوني لاموال العتبات المقدسة : العتبة العباسية انموذجا == Legal Regulation Of The Funds Of The Holy Shrines The Al - Abbas's Holy Shrine (Exemplar)

Author name: انور محمد علي حميد القرعاوي

Supervisor name: احمد شاكر سلمان الجراح

General topic: Law

Specific topic: Administrative Law

Degree: Master

University: University of Kerbala - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Karbala

First pages:

Abstract: Depending on the high status , And the holiness of the jurists and the law. enjoyed by the holy shrines , As religious and cultural sites , And the containment of the pure bodies of Ahl Albait (peace be upon them) , It has been associated with the hearts of millions of Muslims , From all over the world , And they are already on the sanctuary of these holy places , And compete to provide them with financial tender , Cessation or vow or bequest or gift... , For this reason, the funds of the holy shrines have become the subject of the research and attention.The succession of previous governments, and their differences in the holy sites, according to their political orientation, have had a significant impact on the organization of the management of their funds, the extent to which the holy sites have reached the current stage, the development of expansion and construction, and the provision of services to visitors and citizens in their basic life. The legislation in force regulates the management of the sanctuaries , determines its financial resources and assigns its administrative functions toa department that operates in accordance with Shari'a and legal rules and under the supervision , and supervision of the supreme religious authority. The increase in the activities of the holy shrines, in various fields, makes them need legal regulation toregulate the movement of these funds, and enables workers to manage these sanctuaries to organize their affairs and carry out the functions and tasks assigned to them.In order to shed light on the issue of legal regulation of the funds of the holy shrines (the sanctuary of Imam Abbas as an example ), the concept of the funds of the sanctuary , the provisions of the management of funds, the control exercised on the management of these funds, the legal protection of these funds, The sanctuary of Imam Abbas is a model whose financial organization is the broader and more comprehensive organization than the other thresholds. To outline the subject in detail, we will divide the thesis into two chapters.In the first chapter, we will discuss the concept of the funds of the Holy Sanctuaries and their provisions. We will explain the definition of the Holy Sepulcher funds, the legal development of the management of these funds, the legal nature of these funds, and access to the provisions related to the management of these funds according to their categories. Of spending, access to the budgets included in sanctuary , and the extent to which they relate to the federal public budget of the state.The second chapter will be devoted to the subject of the supervision of the holy sites funds and their legal protection, through which we will show the extent to which the funds of the holy sites are subject to self - control.These are the internal control system, the internal control exercised by the members of the executive authority against the funds of the holy sites, and control of independent councils. We will also demonstrate the protection of administrative legislation, criminal protection and civil protection of funds of holy sites. We conclude this thesis with a number of conclusions and recommendations which we have reached through our discussion of the subject matter of the thesis.

الهجمات على شبكات الحاسوب في القانون الدولي الانساني == The Computer Network Attacks Under International Humantarian Rights

Author name: سراب ثامر احمد

Supervisor name: حيدر ادهم عبد الهادي الطائي

General topic: Law

Specific topic: International Humanitarian Law

Degree: Doctorate

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: This thesis deals with " computer network attacks under international humantarian law " These attacks are ( actions taken through the use of computer networks to disrupt ,deny , degrade or destroy information resident in computers and computer networks or the computers and networks themselves. The defining feature of this form of attacks is the fact that both the weapon and the target of the attack is the network itself and the information contained on such network. This type of attacks which are part of the information warfare , uses computer code to effect its damage and is capable of causing a myriad of effects depending on the target system's function.According to US military definition , information is " facts , data or instuctions in any medium or form " thus the operating code of a computer , its automated processes and applications , as well as the files and data it contains are all information.In fact , it is the use of computers as means or methods of warfare , that is legally challenging. At the broadest level the information operations ( IO ) are those " actions taken to affect adversary information and information systems while defending one's own information and information systems"IO can occur during peace time and at every level of warfare.By contrast , information warfare ( IW ) is " information operations conducted during time of crises or conflict to achieve specific objectives over aspecific adversary or adversaries ". According to US.strategy , the goal of IW is to achieve domainant " information superiority " over the opponent , and it is the offensive IW especially computer network attack , that covers abroad rang of hostile techniques involving computer code. Such malicious software can cause extensive disruption , as in the case of the denial of service attacks which hit Estonia , or physical destruction , as with the Stuxnet worm which hit the enrichment facility in Iran.These types of attacks are capable of shutting down websites , servers and can cause physical effects through targeting the control systems of technologically advanced societies , these systems control power plants , water systems , dams , gas pipelines , chemical plants and reactors. These control systems have proven particulary vulnerable to attack.Computer network attacks may come in isolation , but will more probably be used in conjunction with conventional attack , either to ease the way for the conventional attack or to amplify it's effects. These attack may constitute a use of force under article ( 2 /4 ) of the U.N.charter , and if these attacks does not rise to that level , they are still not permissible as an unlawful interference in the affairs of a state , and may amount to a threat to the peace.In addition , to the previous issue , computer network attacks may raise different questiones concerning the applicability of the laws of armed conflict which apply to all situations of armed conflict whther or not war is declared , and regardless of whether the parties involved recognise the state of armed conflict.None of the instruments relating to the laws of armed conflict deal with computer network attacks explicitly , therfore the question must be asked whether the rules of this law should apply to these attacks at all , and if so under what circumstances would computer network attack be sufficient to tigger the application of those laws ? what prohibition to computer network attacks follow from rules giving special protection to certain objects ? what activities of civilians relating to CNA constitute direct participation in hostilities and cause them to lose their protection against direct attack ? Do specific prohibitions of methods of warfare , such as the prohibition of perfidy or of improper use of protected emblems , signs and signals apply to CNA and , if so , in which way ? what limitations are there on targeting lawful targets with CNA ? who may conduct CNA ? what precautions must be taken by those planning or excuting a CNA ? Are commanderes or other superiors responsible for the acts of their subordinates in conducting CNA ?All these questions have been discussed throughout this thesis , and the conclusion is that despite the newness of the technology of computer network attack , legal contraints apply to it. Although there is no provision of IHL that explicitly out laws CNA , it is clear however that CNA may only be undertaken to the degree and in away which respects existing law and it's related principles such as the principles of distinction , proportionality and precautions in attack.

مبدا عدم الاعادة القسرية للاجئين في القانون الدولي == The Principle Of Non - Refoulement For Refugees In International Law

Author name: رنا سلام امانة

Supervisor name: مها محمد ايوب | سلام منعم مشعل

General topic: Law

Specific topic: Public International Law

Degree: Doctorate

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: A phenomenon of asylum has become a humanitarian phenomenon as a result of succession political, economic and social crises and transformations experienced by the countries of the world.This phenomenon is still on the rise because of the continuation of the causes of persecution , violence , wars and disasters, and breach of a broad human rights, it is worthy to say here , of offering and providing international protection for people who seek asylum and protection from their countries of origin, as providing this protection is an international obligation that fall on the shoulders of prescribed States under international conventions and treaties, and it is considered , as well , the most important aspects of this protection , as the obligation of States to protect the person who requests or who gained refugee status from the forcible return of the country to which he fled, and it is what is known as non - refoulement.Accordingly , countries are obliged not to return an asylum seeker or refugee who fled from their own countries if the person in such obliged cases would be endangered, or threatened for reasons of race or religion, nationality, membership of a particular social group or to adopt certain political viewsIn the very beginning , the Geneva Convention contained and stated on this commitment for refugees of 1951 in the article of ((33F or F2)) which committed signatory by states and became the longer one of the basic principles of asylum law, but the legal development of this principle forced the projectors of most of the international and regional conventions such as the Convention of the European and the American Convention to include this principle to its importance and for the reasons of its direct contact to the life and the freedom of a refugee, as has become the cornerstone of the international protection.And for the reasons of acquisition this importance , these countries have become committed not only the States which were signed to the 1951 Convention, but all the States , then this principle has become a principle as part of the customary international law as a command rule. The obligation of States to non - refoulement includes asylum seekers and refugees on its territory, or who are under the effective control, and also who are presented at the border, so the State has no right to close its borders and refused to receive the refugees at the border.The respond to the State's obligation has not mention to any of non - refoulement, but specific exceptions that referred to , in the second paragraph of Article (33) where the States approved not to apply the principle of non - refoulement if the presence of the person to be brought back as a threat to public order and security, or representing a threat to the host country or to any of people in that society or if it has been sentenced to a criminal misdemeanor. In these cases, the State may be in breach of its obligation not to return and without expanding in the interpretation and application of those mentioned exceptions.Thus , countries that refuse or return a refugee or forced refugees at the border to the country to which they fled from or to any other country where their lives or freedom at risk had breached the principle of non - refoulement and breached the obligation that imposed by the international conventions and customary international law on the other hand.