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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Professors of international and constitutional law: the events of Al-Khadra have not reached the sta

    Rocky
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    Professors of international and constitutional law: the events of Al-Khadra have not reached the sta Empty Professors of international and constitutional law: the events of Al-Khadra have not reached the sta

    Post by Rocky Wed 31 Aug 2022, 5:12 am

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    [size=52]Professors of international and constitutional law: the events of Al-Khadra have not reached the stage of internal conflict[/size]

    [size=45]Baghdad/ Firas Adnan[/size]
    [size=45]Professors of international and constitutional law stressed that the security events in the Green Zone during the past two days did not reach the stage of internal conflict that requires international intervention, pointing out that what happened was disturbances and unrest that are addressed by the government through a series of measures while adhering to the minimum human rights,[/size]
    [size=45]They stressed that the issue of government formation is a political crisis that requires the parties to sit at the dialogue table and come up with an initiative, calling not to adopt solutions in which one party is a winner and the other is a loser.[/size]
    [size=45]In an interview with Al-Mada, Ahmed Al-Fatlawi, professor of international law at the University of Kufa, said that "what happened in Baghdad and the rest of the provinces during the past two days of security incidents are considered, according to the provisions of international law, internal disturbances and did not rise to the level of internal conflict."[/size]
    [size=45]Al-Fatlawi added, “The closest adaptation to what happened is to consider it unrest, and this is what the second paragraph of Article One of the Second Additional Protocol issued in 1977 referred to.”[/size]
    [size=45]He pointed out that "international laws prevent states from interfering in other countries' affairs if internal disturbances occur, which is what Article 3 of the same protocol stipulates, which is not permissible to interfere in the affairs of other countries if they encounter such disturbances, whether directly or indirectly."[/size]
    [size=45]Al-Fatlawi explained, "The government has the right to take the necessary measures and measures to limit the occurrence of any violations, and what is meant by violations is the use of excessive force from any party."[/size]
    [size=45]And he stated, "History is full of such events, and countries have gone through from time to time a lot of internal disturbances, and the international community's view of these events is through international organizations by demanding restraint and taking appropriate measures and minimum limits to protect human rights."[/size]
    [size=45]Al-Fatlawi added, "These organizations call on countries in which violence is witnessing, to prevent the use of excessive force, whatever it is, because such issues are within the internal affairs and are decided by the internal judiciary and law."[/size]
    [size=45]He stressed, "The second paragraph of Article 4 of the Charter of the United Nations expressly referred to the abstention of members from the threat to use force against the territorial integrity or political independence of any state, or in any other way inconsistent with the purposes of the United Nations."[/size]
    [size=45]Al-Fatlawi continues, "This paragraph means that it is not permissible to exploit such situations that countries may witness by interfering in their affairs, whether directly or indirectly."[/size]
    [size=45]And he expected, "that international organizations will issue statements calling on the Iraqi parties to exercise restraint and not to be drawn into what has undesirable consequences and the possibility of the return and expansion of armed force."[/size]
    [size=45]Al-Fatlawi added, "These organizations will also call for the protection of human rights and for taking legal measures to prosecute anyone for committing a crime during internal tensions."[/size]
    [size=45]And he believed, "International institutions, especially those concerned with the human rights file, are close to the Iraqi government institutions in demanding restraint and not being drawn into violence on a large scale."[/size]
    [size=45]Al-Fatlawi added, "The Iraqi government has resorted, during the past two days, to taking precautionary measures, including imposing a curfew, whose purpose was to prevent the expansion of chaos or the commission of criminally motivated crimes, because some gangs may take advantage of the chaos to attack government institutions or private property."[/size]
    [size=45]For his part, a professor of constitutional law at Al-Mustansiriya University, Munther Wael, said in an interview with (Al-Mada), that “the possibility of the United Nations intervention in the Iraqi situation is linked to the authority of the Security Council in accordance with the provisions of Chapter VII of the Charter of the United Nations, which permits the Council to take the necessary temporary and permanent measures if The situation has not reached the level of a threat to international peace and security.”[/size]
    [size=45]Munther added, "The current crisis in Iraq has not reached this stage until the present time, and therefore we find that the Security Council did not interfere with the recent events."[/size]
    [size=45]He pointed out, "The crisis in Iraq is political until the present time and needs an agreement and a political solution to get out of it, and therefore the intervention of other parties is unjustified and without legal basis."[/size]
    [size=45]Munther stressed that "the situation requires dialogue and a clear initiative on the basis of which dialogue will take place between the parties, in the hope of reaching solutions."[/size]
    [size=45]He finds, "Some believe that the solution is in the hands of the Federal Supreme Court through the cases before it regarding the dissolution of Parliament," stressing that "any decision of the court regarding these cases will not be satisfactory to all parties."[/size]
    [size=45]Munther stated, “The judiciary, by its nature, issues a decision that is between two parties, the first will be a beneficiary and the other will be harmed by it.”[/size]
    [size=45]And he spoke about “the inability to resort to solutions that result in a winner and a loser in politics, but there should be a political agreement on appropriate solutions.”[/size]
    [size=45]Munther added, "The issue of interference by other, international or regional parties will remain contingent on the extent to which the conflicting parties will accept the extent of this interference."[/size]
    [size=45]He pointed out that "the provisions of international law do not allow this intervention except through mediation or seeking diplomatic solutions."[/size]
    [size=45]Munther concluded, “The issue of government formation is a sovereign issue related to the state, and the intervention of any other state can only be accepted as a matter of convergence of views and based on the approval of the parties to this international organization, and therefore there is no legal obligation to intervene.”[/size]
    [size=45]The Green Zone and some areas witnessed armed confrontations between elements affiliated with the Sadrist movement and others affiliated with the armed factions, which caused a number of victims.[/size]
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