Volume 6, Issue 1, Spring 2015, Page 9-322

Electoral systems and political participation of Iraqi women in local and national elections (2009 & 2010)

Dawo; od M. Husein; Ala; a A. Kaream

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 9-56

The research deals with for three parts .
Part one deals with the concept of election.
Part two : studying research the election systems and apply ton Iraq's election for local side .
Part three : deals with the national election on on 2010 and we man participate Iraq's ,and how quota system assurance percent 25% as share in national election for Iraq represent starve cancel. According this share Iraq's woman gain equal
81 seat in representative council .

The legality of military intervention in Libya as part of a theory Humanitarian intervention and the responsibility to protect...

Salafa T. AL-Shalan

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 79-112

this research discuses international military intervention in Libya, in application to the responsibility to protect theory , which is not characterized by a lot about humanitarian intervention, it has proved that both wasn’t subject to the clear framework , both are comprise directly interests for the countries of intervening even if they are covered by human and moral principles, did not prove its credibility often.

Criminal protection for pregnant contaminated blood

Ahmed H. Ahmed

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 113-158

Dispositions pénales pour les personnes pour se assurer que tous les tout le nécessaire liée à la préservation de leur vie personnelle et leur corps ou leur argent de l'abus ou de préjudice ou de danger intacte, si la protection qui vise à éliminer totalement leurs vies ou celles dans lesquelles l'objet de l'attaque sur le préjudice physique ou arrange moraux sur l'impact pénale appropriée sur le contrevenant, et cette personne a protégé qui, en vertu des dispositions pénales à quelqu'un qui a une inhabituelle et peut l'amener à évoluer sa maladie aux autres, son sang être contaminés virus infectieux enceintes et donc se trouve dans une grande souffrance psychologique, en plus de ce qui a été l'aide de la difficulté à la suite de la prise non à partir d'une attitude négative, ou prendre des mesures contre lui peut entraîner des effets indésirables à la suite de celui-ci, et à la lumière de cela, l'objet de notre recherche se articule autour de l'idée de la protection pénale du titulaire personne sang contaminé et de l'efficacité des dispositions pénales pour la protéger

Democratic transition in Iraq and approval of Human Rights

Mohammed A. Kuan

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 159-174

In the light of what have been mentioned previously and through accurate reading to the stage of democracy transfer process in Iraq , and what resulted from written the permanent constitution for the country different of the previous constitutions which were temporary , despite all call for public sovereignty and believe in democracy , human rights and private and public freedom , but we found it far from practice and application , on basis the Iraqi constitution of 2005 different of its formulation and its declaration for Iraqi human rights and its public freedom , close to democracy with its right sense when believe in multiplicity political and partiality , the most important point for this subject which is after passing ten years of the transformation which happened in Iraq and declaration the Iraqi Constitution of 2005 in rights ad public freedoms for Iraqi citizen , we noticed available some breaches for these rights in specific fields , maybe the reason was the political process in Iraq which accompanied the democracy transfer and the available conflicts between the political bocks and partiality which manage the political process , which were emerged since the fall of the previous regime in 9/4/2003 . the only way for raising of human rights in Iraq which is rebuilt the Iraqi state on civil basis taken the Iraqi citizen as basic criterion for enjoying the rights and freedoms despite of the element , sect , nationality and regionalism.
The most important recommendations :
1. Necessity to rebuilt the civil Iraqi state on foundational basics relied on respect the constitution and its materials especially what related to human rights .
2. Putting necessity the legislation and supervision mechanism to ensure apply rights and freedoms that the Iraqi constitution 2005 stated without discrimination .
3. Establihing researched centers in human rights and put programs and strategically plans which enable to cooperate and coordinate with research , regional and international centers in this field .
4. Activating the cooperation between the Iraqi universities and two ministries of Justice and human rights in field of caring human rights through held training and cultural courses and making mutual visits and forming committees of partnership to benefit of these experiences .

The position of contemporary American political thought of political Islam

Murtdah Sh. Sahy

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 175-200

Form of political Islam in the perceptions held by decision-makers in American politics obsession dominated by fear and confusion of Islam in being a (new Green Peril), which replaced (red communist threat), this was a concern based on the cultural background of historical indirectly contributed to the portrayal of Islam as a new threat that the United States should provide all the energy to confront it.
   And emerged after the Cold War, many theses tried to explain the future of international relations after the war and wanted to maintain this Western superiority and the success in defeating communism and the mainstream capitalist-style liberal West, was my thesis (end date) and (clash of civilizations) from months raised to explain relations international after the cold war, and they walked in different directions: the first optimistic (end date) and who believes that history will stop at the stage represents the triumph of liberal democratic capitalism of the West on the other ideologies in the global arena, and the second: pessimist (clash of civilizations) and who sees that civilization Western will collide with cultures that are threatened, especially Islamic civilization, but eventually will be in the interest of Western civilization that excel culturally and militarily to the Islamic civilization.
   In summary it shows that the ideology espoused by decision-makers in American politics is a reflection of the American public for a look that you see that Islam is a threat to Western interests in general and American interests in particular.

Accused guarantees in the face of negative actions of personal freedom in the Iraqi High Criminal Court Law

Aila; a M. Sahab

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 201-228

Procedures described deprivation of liberty made during the investigation stage as are restrictions on the freedom of the accused temporarily Vtmha, as required depending on the circumstances of the investigation and its implications. As the individual committing the crime have shaken its legal status, and gave the state a chance to take him as many procedures, including procedures of deprivation of liberty, as a means to an end is to ensure direct investigation procedures perfectly, appears from here the importance and seriousness of those actions which is usually an arrest and make an arrest, however the legislature has faced procedural actions to be subjected to a set of restrictions and limitations that were assessed as guarantees for the benefit of the accused. In order to achieve a balance between the public interest represented the interests of society and the private interest represented the interests of the accused.
With regard to the law of the Supreme Criminal Court came this law to meet the need of Iraqi society in creating a legal system to deal with the subject of his importance and specificity of historical, political, social, since the enactment of the Supreme Iraqi Criminal Tribunal not to prosecute certain individuals but to try a historical era important in the modern era , it is our duty to find the best way and a mechanism to complete this task a manner that achieves ambitious.

International protection of women trafficking

Baydaa A. Wally

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 229-264

Century atheist century, and in the time that we claim the women's access to their rights, but we see them fall in the midst of darkness, Vkramtha wasting its existence canceled, becomes a commodity is traded, and subject to the laws of supply and demand in the trade known as (the white slave trade) any (trade Slavery's prostitution), and despite that this trade was banned under international conventions, but they flourished and began occupies third place after the business failed arms and drugs, and is expected to overtake them and that the lack of risk surrounding it compared to the risks surrounding Baltjartin the aforementioned as well as escape the perpetrators of the hands of justice, not only the criminals will be punished for every two thousand five crime of trafficking in the world according to the report of the International Union of parliaments.
The United Nations estimates the trade revenue reports by U.S. intelligence agencies by $ 9.5 billion per year, this trade took to deploy state is no longer immune to this trade, whether the origin of such trade or the scene of exercise or cross the state.
Respect of such a situation, which ominously, was incumbent upon us to highlight the trade to find out the reasons for the emergence of this phenomenon and that the division of research to four Investigation and dwell in the first section the nature of trafficking, and in the second picture, and in the third section the legal basis to prohibit such trade and then measures international anti-prohibition of this trade in the Study of the fourth before the detective followed by an introduction and conclusion include the most important findings and recommendations we are proposing to complete the interest of this search.

Inspection and its role in reducing the phenomenon of administrative corruption

Abdul Hussean A. Hady

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 265-286

The inspection of the important processes in the regulatory and executive agencies that help in the organization of work and reduce the deviation in its tracks and put the administrative head in front of a clear picture of their business and identify positive points for the purpose of promotion and identify weaknesses in order to establish the necessary mechanisms to address them .
Has worked researcher while researching the statement concept and objectives of inspection, qualifications and characteristics that must be met with the Inspector and the statement of the rules and procedures for inspection and types of access to the statement following the inspection to the reduction of administrative corruption Based on the foregoing will divide the research topic to the central demands of the show in the first requirement definition and objectives of inspection and so on three branches be described in the first section the definition of inspection while we show in section II inspection goals after studying the qualities and qualifications that must be provided in section .
The second requirement Ventnol the types of inspection, rules and its impact in the reduction of the phenomenon of corruption, in the three branches also show in the first section types of inspection and then we study in section II rules and inspection procedures while we address in section III following the inspection to the reduction of administrative corruption and Snkhtm Search conclusion contains conclusions and recommendations that have been reached .
According to God and everyone hit our steps for the good of all

Legal regulation of electronic signature "A comparative study"

a K. Mathlom; Asra

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 287-322

The electronic signature of the latest styles and most sophisticated and in line with technological advances witnessed in this era, as the sign is no longer limited to the traditional signature which is handwritten on the pillars of paper, but it was possible at the present time, and as a result of technological developments that have led to the use of records or documents E replaces the traditional paper documents to the emergence of the need for this type of signatures each has different concepts.
And it is no longer sign goes out to the methods known in the signature Kalaamada or seal or thumbprint, but spread far new styles to sign copes with technical developments and the means used by them to sign biometric (signature biomtrique) This represents a signature by the computer write down the recipe physical person in his memory (memory ), most often this trait be of signatures, each with different concepts were going out to the iris (IRIS) or fingerprints or voice and lip imprint and stored these qualities in digital and compressed. as well as the signing of a pen-mail, along with the secret signing the code and digital signature.
And represent these methods at the current stage what is known as the electronic sign, which is substituting new styles for signature based on new elements other than those used in traditional signature methods, as the use of electronic documents necessitated the development of the signing of the terminal upon which mainly form legally acceptable to determine the identity of the person and the confirmation of the intention Site to comply with the content of the site and the bond approval for its content and its issuance thereof, indicating the bond is actually taken to prove the contractual ties, as the only condition for the legitimacy of the document or health be signed who is the argument of it.
However, since this type of signatures is located on the broker is a physical, is the program this signature will not be hand-written signatures, but is electronic signatures based on the numbering procedures or encoding or encryption or encoding (ie private key) and this represents a material sign, and it was found that Electronic Calculator can provide an acceptable alternative to the issue of signing so give definite guarantees in respect of the personalities concerned parties and then legitimize the necessary data exchanged, and this is done by doing a reverse call system (call back) or test keys (Test Keys) or legitimize blade (MAC) (Macro Authentication code) in order to confirm the identity of the source of the message.
So signing of mail is more secure and safer than just put the signing of the editor and was promoted through easily rigged as the electronic signature on the electronic bond includes digital signatures (digital signatures) which is encrypted electronic messages, and has implicitly digital signatures and attached with the provisions of ordinary messages to define the identity of origin each document and therefore believes the health of contracts and trust the source, who sent him and enables contractors to see the validity of the data without distortion and in a manner that could suggest the truth of the statements contained in regular bonds.
So we hope that handles the electronic signature and electronic transactions Iraq for the year 2012 problems arising from contracts through information to provide legal protection in this type of contracts and a network that lacks provided Civil Law Act, as some legal texts scattered in this law, and that is not enough to provide effective protection, therefore, the electronic signature and electronic transactions Iraqi law is a new and important step for the establishment of effective protection sober provides confidence and safety in contracts through the information network.