Interdisciplinary Studies in Society, Law, and Politics

A Legal Analysis of Barriers to Independence, Resource Provision, and Inter-Institutional Coordination in Iraq’s Human Rights Monitoring System and the Presentation of Reform Strategies

Ahmad Momeni Rad ^* iD , Ahmad Khalid Obeid Jumaa Al-Khalidi iD

The protection of human rights constitutes one of the most important requirements of a state governed by the rule of law and is a fundamental criterion for assessing the legitimacy and effectiveness of political and legal systems. Despite having established legal frameworks and undertaken international human rights obligations, Iraq continues to face challenges concerning the effective implementation of these rights and the efficiency of its monitoring mechanisms. The present study aims to evaluate the legal and institutional framework for the protection of human rights in Iraq and to examine the effectiveness of national and international monitoring mechanisms. The study employs a descriptive-analytical method based on the examination of documents, legislation, international treaties, reports issued by human rights institutions, and relevant scholarly sources. The findings indicate that the Iraqi Constitution of 2005 and Iraq’s accession to a number of international treaties have provided an appropriate legal foundation for the protection of fundamental rights and freedoms; nevertheless, a considerable gap persists between legal obligations and their practical implementation. Limited independence and institutional capacity of monitoring bodies, inadequate coordination among domestic institutions, insufficient resources, and the persistence of certain human rights violations constitute the principal existing obstacles. Furthermore, international non-governmental organizations and the United Nations Assistance Mission for Iraq (UNAMI), through monitoring, documentation, reporting, capacity-building, and support for legal and institutional reforms, play an important role in strengthening accountability. Ultimately, the study concludes that enhancing human rights protection in Iraq requires strengthening the independence of monitoring institutions, reforming legislation, increasing implementation capacity, expanding institutional and international cooperation, and institutionalizing a culture of respect for human rights.

A Legal Analysis of the Effects of Economic Sanctions on the Performance of International Commercial Contracts: With Emphasis on Force Majeure, Suspension, and Termination of Contract

Atefeh Hazegh iD , Akram Tajik ^* iD , Zahra Tajari Moazeni iD

Economic sanctions constitute one of the most significant factors affecting international commercial relations and, by imposing restrictions on financial and banking transactions, transportation, and foreign trade, create serious challenges for the performance of international commercial contracts. The present study aims to provide a legal analysis of the effects of economic sanctions on the performance of international commercial contracts, with particular emphasis on force majeure, suspension, and termination of contract. Employing a descriptive-analytical method and drawing on library-based sources, specialized books, scholarly articles, and relevant legal materials, the study examines the effects of sanctions on contractual obligations and the liability of the parties. The findings indicate that the mere imposition of economic sanctions does not automatically exempt a party from contractual liability or bring contractual obligations to an end; rather, the extent to which the sanctions affect the possibility of performance, the contractual provisions, and the governing law must be examined. Where sanctions render performance genuinely impossible or legally prohibited for reasons beyond the obligor’s control, recourse to force majeure and suspension of contractual performance may be available, provided that the requisite conditions are satisfied. By contrast, where performance remains possible but becomes exceptionally difficult and costly, the matter may be assessed within the framework of hardship, including the possibility of renegotiation or adjustment of contractual obligations. Furthermore, the persistence of the impediment and the resulting impossibility of continuing the contractual relationship may provide grounds for termination of the contract. Ultimately, determining the legal consequences of sanctions requires a clear distinction between impossibility of performance and hardship, as well as a careful examination of the causal relationship between the sanctions and the non-performance of contractual obligations.

Comparative Analysis of the Role of Public Policy in the Nullity and Annulment of Arbitral Awards under Iranian and Turkish Law

Ali Asghar Kargar iD , Mozaffar Bashokouh ^* iD , Jafar Salmanzadeh iD

Arbitration is increasingly used as an alternative mechanism for resolving civil and commercial disputes in Iran and Turkey because of its flexibility, confidentiality, speed, and reliance on party autonomy. Nevertheless, arbitral autonomy is not absolute. Arbitral awards must remain compatible with the fundamental legal values of the state, including mandatory rules, public policy, good morals, arbitrability requirements, and basic procedural guarantees. This article comparatively examines the role of public policy in the nullity and annulment of arbitral awards under Iranian and Turkish law. It adopts a doctrinal and comparative method to analyse the legal foundations, scope, and consequences of judicial intervention where an award conflicts with public policy. The study finds that Iranian law regulates the invalidity of domestic arbitral awards principally through Article 489 of the Civil Procedure Code, particularly the ground concerning awards contrary to laws creating rights. Although this concept can protect mandatory norms and fundamental legal interests, its broad and uncertain scope may permit excessive judicial review of the merits. Iranian international commercial arbitration provides a more explicit basis for considering public policy and good morals. Turkish arbitration law, by contrast, expressly recognises public policy as a ground for annulment and more clearly separates it from other grounds, such as invalidity of the arbitration agreement, non-arbitrability, excess of authority, and procedural defects. The article argues that public policy should be interpreted restrictively in both legal systems. Judicial intervention is justified where an award involves manifest illegality, corruption, fraud, serious denial of due process, non-arbitrable subject matter, or a clear conflict with fundamental mandatory rules. However, public policy should not permit courts to reconsider evidence, reinterpret contracts, reassess damages, or correct ordinary legal errors. The study concludes that clearer legal distinctions and a consistent high threshold for public-policy review would strengthen arbitral finality while preserving judicial protection of fundamental legal values.

The Effectiveness of Mechanisms for Ensuring the Implementation of Security Council Decisions and International Court of Justice Judgments in International Law: From Legal Obligation to Political Reality

Ahmad Momeni Rad ^* iD , Mohammad Jassim Hameed Al-Maamouri iD

Decisions of international institutions can effectively regulate international relations only when an effective link exists between their legal bindingness and their practical implementation. This study aims to comparatively examine the binding and enforcement powers of decisions issued by the International Court of Justice and the Security Council, and to explain the factors contributing to the gap between their legal obligation and practical implementation. Using a descriptive–analytical method and a comparative approach, and drawing on library sources and international legal documents, the study examines the foundations of bindingness, the scope of effects, mechanisms for ensuring implementation, and the extent to which the two institutions are influenced by international politics. The findings indicate that the Security Council, particularly within the framework of Chapter VII of the Charter of the United Nations, possesses broader enforcement and coercive instruments and, in this respect, has greater capacity to ensure the implementation of its decisions. In contrast, the contentious judgments of the Court are legally binding; however, their implementation depends on the cooperation and political will of States and, in specific cases, on the capacity of the Security Council. Nevertheless, the Security Council’s enforcement superiority is constrained by the veto power, the interests of major powers, and the selective nature of its decisions. Consequently, strengthening oversight, institutional cooperation, and non-coercive mechanisms may reduce the gap between the legal obligation and practical implementation of international decisions.

An Analysis of the Conflict between the Republic of Azerbaijan and Armenia in the Nagorno-Karabakh Crisis Based on Brecher’s Crisis Management Model at the Regional Level

Mohammad Babazadeh iD , Mohammad Yousefi Joybari ^* iD , Jalil Nayebian iD

The Nagorno-Karabakh conflict is one of the most complex and protracted regional crises to have emerged following the dissolution of the Soviet Union. Its consequences have extended beyond relations between the Republic of Azerbaijan and Armenia, affecting the security environment and geopolitical structure of the South Caucasus. The present study aims to explain the conflict between the Republic of Azerbaijan and Armenia in the Nagorno-Karabakh crisis on the basis of Michael Brecher’s crisis management model and to examine its consequences at the regional level, with particular emphasis on the national security of the Islamic Republic of Iran. In terms of purpose, the study is applied research, and methodologically, it employs a descriptive–analytical approach. The required data were collected through library and documentary research and examined using qualitative content analysis and descriptive–analytical document analysis. The findings indicate that the Nagorno-Karabakh crisis can be analyzed through the four stages of Brecher’s model: onset, escalation, de-escalation, and impact. At the onset stage, historical, ethnic, identity-related, political, and territorial factors created the conditions for the emergence of the crisis. During the escalation stage, perceptions of acute threat, time pressure, and the increasing probability of war reached their highest levels during the First Nagorno-Karabakh War, the 2016 clashes, and the Second Nagorno-Karabakh War in 2020, while the role of regional and extra-regional actors in intensifying the crisis became increasingly prominent. At the de-escalation stage, mediation efforts and ceasefires failed to produce a sustainable settlement of the conflict, and the crisis entered a new phase in September 2023 following the military operation conducted by the Republic of Azerbaijan. At the impact stage, the consequences of the crisis became evident at both bilateral and regional levels. The findings further demonstrate that the Nagorno-Karabakh crisis has affected the national security of the Islamic Republic of Iran through changes in the regional balance of power, the increased presence of extra-regional actors, threats arising from potential changes to transportation and transit corridors, and the consequences of population displacement and refugee movements. Accordingly, Brecher’s model provides an appropriate analytical framework for explaining the dynamics and complexity of the Nagorno-Karabakh crisis, while strengthening active diplomacy, maintaining balanced relations with both parties, promoting regional cooperation, and enhancing public diplomacy may contribute to managing the consequences of the crisis and safeguarding the national interests and national security of the Islamic Republic of Iran.

The Legal Foundations for the Evolving Role of Oversight Bodies in Combating Corruption in Iraq

Ali Mashhadi iD , Thaer Al-Azzawi ^* iD

https://doi.org/10.61838/kman.isslp.564

This research aims to elucidate the legal foundations upon which the evolving role of oversight bodies in combating corruption in Iraq is based. This is achieved through an analysis of the constitutional and legislative framework governing their operations, and by examining the impact of legal and constitutional developments, particularly the 2005 Constitution of the Republic of Iraq, on strengthening their jurisdictions and powers. Furthermore, the research studies the influence of international agreements, primarily the United Nations Convention against Corruption, on the development of the Iraqi oversight system. The research's significance lies in its focus on a topic directly related to protecting public funds and establishing the principles of integrity, transparency, and accountability. This is accomplished by assessing the adequacy of the legal framework governing oversight bodies in addressing corruption, thereby contributing to the development of national legislation and enhancing the effectiveness of oversight institutions in achieving good governance. To this end, the research employs a descriptive-analytical approach to examine and analyze constitutional and legislative texts, a historical approach to trace the evolution of oversight bodies in Iraq, and an inductive approach to derive the legal principles governing their work. The research concluded that the development of the role of oversight bodies was based on a set of constitutional and legislative foundations that strengthened their legal standing and expanded their mandates in combating corruption. However, the persistence of certain challenges, most notably overlapping jurisdictions, weak institutional coordination, the need to enhance administrative and financial independence, and the need to update legislation to keep pace with emerging forms of corruption, necessitates continued legislative and institutional reform. This will achieve a more efficient and effective oversight system for protecting public funds and upholding the rule of law.

Examining the Role of Transparency and Accountability Frameworks in Reducing Conflicts of Interest in Iran’s Health Sector

Alireza Sharifi iD , Hossein Sadeghi ^* iD , Vali Rostami iD

Conflict of interest constitutes one of the fundamental challenges facing Iran’s health system, with consequences that not only threaten public health but also contribute to resource waste and diminished public trust. This study aimed to examine the role of structured transparency and accountability frameworks in mitigating and managing such conflicts and to propose practical and policy-oriented strategies for addressing them. The findings indicated that existing gaps in the legal and administrative systems—particularly the absence of clear regulations governing asset disclosure, weak oversight mechanisms, and ineffective accountability arrangements—represent some of the most significant barriers to effective conflict-of-interest management. Conversely, establishing public systems for the registration and disclosure of conflicts of interest, enhancing transparency in procurement and tendering processes, publicly disclosing board decisions, and implementing clear mechanisms for reporting violations and imposing effective sanctions were identified as key transparency and accountability measures. Accordingly, integrating transparency and accountability frameworks as complementary strategies can play a pivotal role in preventing, identifying, and mitigating conflicts of interest. The development and implementation of a “National Transparency and Accountability Framework for the Health System” is therefore recommended as a fundamental priority in health policy.

Artificial Intelligence and Terrorist Groups in the Middle East: A Strategic Analysis of Capabilities and Security Implications from the Perspective of Offensive Realism

Mojtaba Sadeqi iD , Ehsan Razani ^* iD , Mohammad Fazel Sadri iD

The emergence of artificial intelligence (AI), alongside transformations in the patterns of power production and exercise, has created new capabilities for both state and non-state actors within the international security environment. Given their historical adaptability to digital technologies, terrorist groups may also potentially exploit certain AI capabilities in areas such as cognitive warfare, content generation and dissemination, intelligence analysis, cyber operations, communications, and recruitment. The present study aims to analyze the strategic capabilities and implications of artificial intelligence for terrorist groups in the Middle East and to explain these developments from the perspective of offensive realism. In terms of purpose, the study is applied, and in terms of methodology, it adopts a descriptive-analytical approach based on documentary and library research. The findings indicate that, rather than creating material parity between terrorist groups and states, artificial intelligence can function as a force multiplier for these groups’ intelligence, cognitive, communication, and organizational capabilities. Moreover, the utilization of AI capabilities may reduce certain technological constraints, enhance the capacity for survival and influence, intensify strategic ambiguity, and alter the cost-effectiveness ratio of operations, thereby facilitating a form of asymmetric balancing in the non-material dimensions of power. Nevertheless, the available evidence regarding the practical and systematic use of certain advanced AI capabilities by terrorist groups remains limited, and a distinction must therefore be drawn among documented applications, potential capabilities, and future threats. Accordingly, artificial intelligence can be regarded as one of the factors contributing to the transformation of the Middle Eastern security environment. While preserving the material superiority of states, it simultaneously creates new arenas for technological, informational, and cognitive competition.

Interdisciplinary Studies in Society, Law, and Politics

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Comparative Analysis of “Standards for the Protection of Witnesses and Informants” in International Criminal Proceedings and the Possibility of Their Application in Iran

Monitoring Mechanisms to Ensure the Effectiveness of Negotiation Strategies with Non-Muslim States in International Law: A Case Study of Proposed Frameworks of the Organisation of Islamic Cooperation and Their Comparison with International Oversight Models

A Legal Analysis of Insurance Sanctions Against Iranian Oil Tankers within the Framework of the General Agreement on Trade in Services (GATS)

A Comparative Study of the Method of Determining and Paying Compensation in Land Acquisition for Public Projects in Iranian and French Law

Victim Participation in the Laurent Gbagbo Case before the International Criminal Court: A Test for Victims’ Rights or a Procedural Failure?

Economic Terrorism from the Perspective of International Law

A Comparative Study of the Status of the Prohibition of Violence against Women in Hanafi Jurisprudence and International Instruments

Ethical Challenges of Neurotechnology with an Emphasis on Privacy

The Robustness of Judicial Rulings through Biometrics and the Principles Governing Its Probative Value

Legal Design of Next-Generation Petroleum Contracts: Developing a Smart Contractual Framework for Integrating Sustainable Development, Risk Governance, and Value Creation in Upstream Oil and Gas Agreements

Women’s Employment in Iranian Society: A Comparative Analysis of Iranian Law, Islamic Jurisprudence, and International Conventions

Regulating the Relationship Between Democracy and Political Authority in the Constitutions of Iran and Malaysia: A Comparative Study of the Formation, Distribution, and Control of Power

Resilient Partnership under Scrutiny: UK–Saudi Defence Cooperation, Path Dependence, and Managed Continuity (1902–2025)

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