جستجوی مقالات مرتبط با کلیدواژه « iraq » در نشریات گروه « فقه و حقوق »

The incident of September 11, 2001 became the origin of complex developments in the relations between developed countries, especially the United States of America, and the nations of the third world. This incident changed many of the strategic equations of major powers in the world. In 2003, the United States, on various pretexts, including the efforts of the Iraqi government to produce and deploy weapons of mass destruction, support terrorism, oppose any kind of peace between Israel and the Arabs, and threaten the Arab countries of the Persian Gulf, especially the country's attack on Kuwait. It attacked. The purpose of this research is to investigate the direction of the American foreign policy in Iraq from 2003 to 2023. The method of this research is qualitative research using the descriptive-analytical method based on the content analysis method. The results of this research show that the American strategies in Iraq from 2003 to 2005 were based on intervention to compromise, and from November 2005 to January 2007, they chose the strategy of victory in Iraq. After the years 2007 to 2010, he undertook the strategy of compromise, prevention of failure, increase of forces and successful return. After leaving Iraq and establishing military bases in Iraq; The destabilization strategies of Iraq, from differences between identities to intra-religious rivalries, divisiveness, destruction of national identity through climate change, and the strategy of soft ineffectiveness of the Iraqi government were adopted.

One of the main institutions of the executive branch in the countries where the codified constitution rules is the governorate institution. In Iran, the governorate operates under the supervision of the Ministry of Interior and under the measures and decrees of the president, and in Iraq, its council system plays an important role in determining the governor and establishing the rules and regulations of the province administration. The influential role of the council system is on the important institution of the executive branch, which has formed a different administrative process compared to Iran's laws, and the federal system of Iraq, based on the constitution of this country, has given extensive administrative powers to the governors. The purpose of this research was to investigate the structure and limits of the administrative authority of the governors in Iran and Iraq in a comparative manner. Based on this, the main question of the research is whether the structure and limits of the administrative authority of governors are different in the laws of Iran and Iraq? By using library resources and descriptive and analytical methods, while answering the mentioned question, it was stated that according to the conditions and state of the government, the structure and limits of the administrative authority of the governors are different in Iran and Iraq.

The foreign investor plays an important role in carrying out upstream oil and gas activities, and Production Sharing Contracts of Kurdistan region of Iraq have had an important effect on attracting foreign investors in that region, the purpose of this research is to investigate the interests of the parties and the attractiveness of the said regional contracts. This article is descriptive-analytical and the information is collected in a library form by referring to books, articles and contracts.Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness have been observed. Sharing Contracts concluded in the said region, In addition to maintaining national sovereignty and ownership, it meets the needs of that region for capital and technology, And it has caused the development of oil and gas fields in that region and also has significant benefits for international oil companies, and so-called win-win contracts. Production Sharing contracts concluded in the Iraqi Kurdistan region are one of the important reasons for attracting foreign investment and developing the oil and gas fields of that region. The host government has important interests in the Sharing contracts of the Kurdistan Region of Iraq, such as oil ownership, supervision and management, proprietary interest, Royalty, income tax and ownership of equipment and assets, and international oil companies also have important interests, including the exclusive right of exploration. They have hydrocarbon resources and ownership over a predetermined share of oil and gas produced in the field.

The use of domestic technical and service capacity in the oil and gas industry is essential and is one of the indicators of economic development. Countries seek to support domestic capacity and promote it through the establishment of laws and regulations as well as the inclusion of binding conditions in contracts. In our country, this matter is doubly important because, on the one hand, it seeks to reduce the effect of all-round Western sanctions and reduce dependence on other countries, and on the other hand, in recent decades, the income from oil and gas resources is the main source of the country's foreign exchange income. In this research, the basic question is: What is Iran's legislative and contractual approach to the principle of using local content compared to successful and leading countries in this field, and which countries have a successful model in this field, and by collecting materials using a library method and using analytical and descriptive research method, in the beginning, this hypothesis was proposed that the country of Iran sought to reduce its dependence on foreign content, but due to sanctions and lack of capital and manpower, it had weaknesses in this field. At the end, the answer to the research question has been given that Iran's legislator, realizing the importance of this issue, has passed laws related to the promotion of local content in different time frames, but still the oil industry is facing weaknesses in this field and the hypothesis proposed at the beginning of the research was correct to some extent, but the implementation of the laws has faced weaknesses due to the existence of various sanctions, and it was concluded that in the new contractual model of Iran, compared to the previous models, all the weaknesses of other contractual models have not been covered in general. In the contracts and technical features similar to conventional fields and contracts in Norway, due to successful modeling in this field, it can be a good example for negotiators and designers of Iranian oil contracts.

Federalism is a special way of organizing the state, which distributes and fragments political power within a country. In Germany, we have seen administrative federalism, which has three distinct characteristics: first, that legislation is done at the federal level and implementation at the state level; second that this form of federalism is cooperative; third that the states participate in the federal legislative process as well as the administration of the federal government. Conversely, in Iraq the dominant discourse of dictatorship and lack of political, economic, social and cultural background have prevented the establishment of a stable federal system. The experience of Iraq after the fall of Saddam Hussein shows that what is called federalism is a continuation of conflict in the three ethnic and religious sections of Iraqi society. The present study aims to examine administrative and ethnic federalism in Iraq and Germany with a comparative view and has concluded that the failure of federalism in Iraq and its success in Germany is directly related to the level of economic development, and the political culture of these two countries. The study’s findings indicate that federalism is of no value per se. It is merely a tool that might have different effects from one country to another.

After Iran’s acceptance of Security Council resolution 598, although the armed conflict between the Iranian and Iraqi governments ended, for many people in Iran, especially in the western border regions of the country the war did not end. The tribulations of the peoples of these areas with the mines planted by Iraq during the imposed war have been devastating. Therefore, the legal obligation of the Iraqi government to declare areas mined in Iran and clear them is one of the main concerns of the Iranian government and people. Following the accession of the Iraqi government to the Second Protocol to the Convention on the Prohibition or Limitation of the Use of Certain Conventional Weapons Which Are Highly Seductive or Blind, and the Ottawa Convention, the way for the Iraqi government to clean up  the minefields is much greater than but the initial step in this direction seems to Despite the existence of customary obligation, be to annex the Iranian government to these conventions.

Death Penalty is the most severe social and legal response to crimes that are against the interests and security of society. This punishment is the end point of a human life. Although the criminal policy of societies, based on the principle of proportionality of crime and punishment, has legislated this punishment, but this attitude is in complete contradiction with other criminal policies, including the effectiveness of punishment and the correctional and educational aspect of punishment for the offender. In Islamic jurisprudence, crimes punishable by death are few and mostly include Qesas and Hadds. Although the basis of legislation in Iran is on Shiite jurisprudence, the Iranian legislator, due to social requirements has acted contrary. The legislator’s current approach is to reduce executions. The Iraqi legal system is more customary, with executions being reduced to some extent in amendments to the country's penal code, including the death penalty, security-related crimes (domestic and international), and terrorist crimes. For this research data collection done by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

The Islamic State of Iraq (ISIS), with the goal of Islamic fundamentalism, expanded its presence in the Middle East in an extreme manner and committed numerous atrocities that led to the issuance of a United Nations Declaration on Joint Action to Control the Terrorist Group. In the meantime, Iran maintained a broad presence in the Iraqi and Syrian Governments with the full consent of these governments to protect its interests in the region and to protect the shared borders between Iran and Iraq-Syria. Meanwhile, there were factors that led to Iran's victory in this intervention and consolidated Iran's position in the region. The purpose of this study was to examine the causes of Iran's success in confronting ISIL with the Iraqi government and Syria.

The findings of this study indicate that various factors have contributed to Iran's success against ISIS. These can include Iran's missile and military capabilities, the Revolutionary Guards, Iran's powerful diplomacy, Iran's position in the region, national-opposition to foreign intervention in Iraq, Shiite-led power in Iraq, revolutionary leadership, the use of combined-war techniques, He pointed to the potential of soft power and the presence of proxy forces in powerful areas of the region.

Eight years after the US invasion of Iraq, with the withdrawal of the last American combat brigade on 19 August, 2010, this war officially ended. However, the US continues to maintain parts of its forces in sensitive areas under various pretexts. This issue became more apparent after the assassinations of Qassem Soleimani and AbuMahdi al-Mohandes, and due to this incident, the study of the possibility of the US expulsion from Iraq became one of the most important issues in this country. But the main question is, what are the main prerequisites for the US withdrawal from Iraq and what are the interests of Iraq-US in this area? And what is the role of Iran? Due to the nature of this issue, the main element of this research method is meta-analysis. Therefore, for this article, a meta from various electronic and published sources is used to interpret the reasons for the US presence in Iraq from a neo-realist perspective. The findings of this study suggest that the various factors influencing the US withdrawal from Iraq are not strong enough to be expected in the short and even medium term for Iraqi officials to reach a unified strategy for the complete withdrawal of the US from Iraq. Despite all the problems and challenges, this study also examines measures that could eliminate the Iraq needs to foreign forces. Perhaps relying on these measures could increase the pressure on the US to withdraw from Iraq or at least minimize its presence in this country.

Order is the most important pillar of management for any group and government. In any case, the government is disrupted without order, so each government implements its own order, even though it is unusual in the world system. But sometimes certain events in the world disrupt this primitive order. Critical and emergency situations such as war, widespread natural disasters and the spread of disease are the main causes of this disorder. How countries deal with this disorder and management and turn it into a new order is very important and fundamental. The constitution provides for many drawers to deal with emergencies. But sometimes governments take a different path to managing this crisis. Examining the actions of the Iraqi government as a country that has many relations with Iran and is one of the largest neighbors of the Islamic Republic of Iran, can be effective in the new relations between the two countries. The Constitution of the Islamic Republic of Iran, in Articles 79 and 176, states the conditions of emergency and security. The Constitution of the Republic of Iraq also states in the principles, 15, 31, 33, 46, 114, the prevailing conditions in health, security and emergency matters. In this article, with the question "What are the differences between the actions of the Iraqi government and the Iranian government in the fight against Corona, and their managerial weaknesses?", We examine the actions of the Iranian and Iraqi governments and then provide recommendations to improve the situation.

In recent years, the international community has witnessed the emergence of a non-state actress called "Daesh" that it constitutes a global and unprecedented threat to international peace and security. When Daesh occupied areas of northern Iraq, this event triggered an armed conflict between the Iraqi army and the Daesh armed forces. The main focus of armed conflict, whether international or non-international, is respect for international humanitarian law, including fundamental principles such as the principle of distinction and proportionality. Daesh has contravened numerous international law provisions by its conduct in Iraq. The group has breached several of its IHL obligations as a non-state actor involved in the conflict occurred in Iraq. According to the findings of this article, it seems that Daesh's actions in various respects have provided the threshold for pursuing under international crimes of genocide, crimes against humanity and war crimes.

ISIS officially declared its presence in Iraq since 2013 and was repressed by Iraqi government in 2017. It conducted several activities during this period. The question here is that, whether these conducts done by ISIS as a defeated insurgent group could be attributed to the Iraqi government or not? This article will show that principally ISIS’ non-sovereign and criminal conducts are not attributed to the Iraqi government. However, if exceptionally there were any fault from the government in repressing and pursuing ISIS or drawing peace pact or giving amnesty to its members, it was possible to attribute the conducts to the Iraqi government. In this respect, the misconducts of ISIS are not attributed to the Iraqi government since there were no fault on the part of the government in repressing and pursuing this group and there were no amnesty given to the members for committing international crimes. But with respect to those insurgent actions that are carried out in the economic, administrative and judicial areas for the management of controlled cities, under the following triple conditions they could be attributed to the Iraqi government provided that the nature of those behaviors is sovereign, the lack of government forces was evident and the need for such actions existed.

The visibility of political systems based on Islamic ideals in the contemporary era has led the minds of the searchers to explain how these systems are treated with Islamic principles. In the current era, there are few countries that have a majority Muslim population and the ruling political system even seems to have its own adjective of Islam in face, but in the legal system of these countries there is no trace of Islamic law. However, regardless of the various types of communication between religion and government, one of the most important and most sensitive positions that reflect the behavior of countries with Islamic laws is current laws in countries, especially criminal and penal laws. The present article examines the legal systems of the four countries of Iran, Iraq, Saudi Arabia and Egypt, focusing on the models of communication between the Sharia and the legal system, so that the entry or non-entry of Islamic rulings into the criminal law of each one is clarified. In this article have been considered Iran and Iraq as two main sites of the Shias of the world with different legal systems, as well as Saudi Arabia and Egypt, as two powerful and influential Sunni stances, though distinctly different from each other.

With the increase of internal conflicts within the borders of the sovereign states after the Second World War, the cultural property has not been immune from the destruction of military strikes. An illustrative example of this claim is the targeted attacks of the Islamic State of Iraq and Syria against the cultural heritage. Effective protection of cultural property began with the 1954 Hague Convention but the most of conventions are dominated the international armed conflicts and not with the non-international armed conflicts. This paper attempts to review the most important international treaties related to cultural heritage support while focusing on the dimensions of the enforcement and support of these documents, the weakness of the rules in this field. Definitely, the compilation and the development of more binding rules and the establishment of a more comprehensive supportive framework are necessary for the more effective protection of cultural property.

Internal armed conflict in Syria has been the basis for the widespread violations of international law as well as the growth and formation of terrorist groups such as the Islamic State of Iraq and Syria (ISIS). In this regard, the Security Council despite adopting resolutions condemning radicalization to terrorism, could not take any appropriate and binding decision to end this crisis because of the existence of the opposing viewpoints of the great powers and the intervention of some Arabic and regional countries. This factors led the US to establish the Global Coalition along with some other countries to combat ISIS. Although this was a positive move and showed the international community’s concerns to inhumane acts, it has given rise to questions as to whether its formation and activities are legitimate in the light of international law or not? These countries have attempted to interpret different categories of international law in the form of coalition partners. They also challenged the fundamental principles of the UN Charter by using force in the territory of the host State, because the use of force without three preconditions (the authorization of the Security Council, valid consent of the government and recoursing to article 51 of the charter regardless of its legal status) has no legal effect in contemporary international law and brings the international order back to the legal order prior to the adoption of the UN Charter.

Islamic state of Iraq and Syria or ISIS, is a political and military terrorist organization which has been hitting the headlines since 2014. This group which has a large domination over Iraq and Syria, announced a caliphate of an Islamic state in 29th of June 2014, led by Abou Bakr Albaghdadi, chosen Raqqa as its capital. Since then, and after it began imposing its strict and widespread measures in occupied areas and also with its constant attacks and progress toward different cities in Iraq and Syria and following international community's response against this terrorist group, including the security council, a coalition led by US was formed in order to fight against ISIS. Today, in the second year of its activities, analyzing the nature of the conflict in Iraq after arrival of the coalition forces and the legal basis of their presence is mandatory. The result of this study indicates that formation of the coalition is not against international law.

Out of many heinous crimes done under Saddam Hussein, few had such disturbing and long-lasting human effects as the use of chemical weapons (CW). In order to serve the interests of justice, such serious crimes of international concern should not go unpunished. Based on the treaty and customary laws applicable in the 1980s, the use of chemical weapons was prohibited under international law. Such prohibition in itself (without explicit criminalization) could be a basis for criminal responsibility of the individuals involved. So, if there were competent international tribunals existing to address such crimes, the tribunals would have no problems in terms of legality. But currently, no international tribunals exist with any link to the Iraq-Iran war in the 1980s. The issue of enforcing international law by domestic courts is thus brought into attention. The article concludes that Iranian courts should have jurisdiction over such incidents. In order for the Iranian judicial forums to get involved in an effective manner, it is suggested that legislation is necessary to get into some coordination with international law.

This research has tried to assess and explain the position of the religion in the governmental system of Iraq. In this regard, the cross field of current governmental system and concept of religion has been traced. On the other hand to compare what it is (the current status of the religion in the governmental system of Iraq), and what should be (as desired conditions), it is required to measure them via determined parameter; actually the main question of this study refers to compliance or non-compliance of the legal system of Iraq with the mentioned parameter. Therefore the basic issues and substantive aspects are surveyed briefly. In this research, studying the parameter is based on the votes of Allameh Seyyed Mohammad Baqir al-Sadr. After surveying the evolution of the religion position in the constitution laws of Iraq and the history of relevant developments, in response to the main question, the review of the components (demographic structure, constitution, international approach and ideological basis of government) shows this country Despite the tries to institutionalize the rule of religion in government, still is faced with fundamental gaps to implement the religion sentences due to establish the good governance.

In contemporary International Law, known as one of the most important protective mechanisms, no-fly zone, in both international and non-international armed conflicts. With the rising importance of human rights in the domestic and international law, the international community calls for quicker and more crucial response of international institutions, particularly the UN Security Council, in the serious and egregious violations of the law . Establishing no-fly zones must be considered in order to fulfillment above mentioned matter, and maintaining international peace and security and respect to human rights and humanitarian international law are important two measures to recognition and analysis the legal system governing on these zones. Iraq, the former Yugoslavia and Libya are among the most important examples of the creation of such areas. However establishing a no fly zone in Iraq had any explicit grounds in Security Council resolutions, but establishing a no fly zone above territories of the former Yugoslavia and Libya must be based on Security Council resolutions. Considering legal basis of establishing no fly zones and the extent of the success and efficiency of this measure in protecting civilians are the issues that are considered in this article.

After the collapse of Baath regime, geopolitics and the ideational structure governing Iraq have been deconstructed. Therefore, new actors appeared in Iran and Iraq; in this regards, Iraq were divided into blocks, including the Kurds, the Shiites, and the Sunnis, thereby, this structure brought about new challenges in relations. Beside new opportunities, with these changes, new challenges were confronting the government of Islamic Republic of Iran. Therefore, this study, using geographical framework and constructivism approach, and under the title of constructivism geography, aims at explaining the question of the study. The main question raised in this research is how geopolitical constructs lead to the creation of challenges confronting Islamic republic of Iran in Iraq. Concerning the research question, the aim of the present study is to understand how challenges are constituted by geopolitical constructs.