Minority criminal support for electoral violence in Iraq, focusing on the 2005 constitution

Author:
Mohammed Fadel Mohsen Al-Janabi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Mir Khalili

Iraq is predominantly Arab and has other ethnicities, such as Kurds, Turkmen, Assyrians, and religious groups, such as the Sabeans, Yazidis, and Jews, and has been a population of ancient Iraq. And these elements and tribes formed the parts that were lost among the Arabs and its small and large elements were guaranteed. For this reason, the problem of minorities is one of the most important and difficult problems that the contemporary regimes in Iraq have faced, and for this reason, these systems of government have made every effort to promote the political unity of Iraq. Geographically preserve. And these existing systems during our research period have not been able to create a complete consensus framework for Iraqi society and that they have not been able to create common national institutions that address the negative effects of the phenomenon of pluralism, and thus have failed to legitimize. Create a policy based on the concept of full citizenship when it tries to establish and create this legislation based on these sub-identities, and for this reason it has not been able to create unity between the people and the children of a country, and this in turn leads to weakening. The situation has become social and political cohesion and has created a state of divergence and the absence of the other side, which in some cases and situations has led to the conflict and the exploitation of this situation by the enemies of Iraq.

Based on the above, the importance of this research lies in the fact that these minorities, with linguistic and cultural differences and distinctions other than the variables of political involvement and the conditions they faced and went through, and The conditions of successive governments and governments and the inability to achieve scientific solutions, caused an obstacle to achieve national unity, and this in itself requires criminal support. In addition, this study seeks to find an acceptable structure and formula. To create everyone who supports national unity and for all sections of Iraqi society to be present, and in the shadow of an institution-based government that governs them through free and fair elections, and also in the shadow of which a national government is formed and born. Be.

In this study, we also concluded that there is no obstacle or limit in Iraqi law for a person to have a particular religion or belief within the framework of the laws, customs and system, and there is also no legal text that defines a person. To compel him to perform certain customs and practices, or to compel him to practice and participate in the religious beliefs and rituals of others to whom he has not converted, as well as the Iraqi constitution, freedom of religion and It guarantees the practice of religious rites and beliefs to all citizens without discrimination. In addition, the crime of electoral violence against minorities in the Iraqi constitution is based on the nature and legal structure of the crime of political violence, and this is based on the motive for committing this It is a type of crime and oppression that is mostly political and also based on the nature of the rights that have been violated. Therefore, the right to choose or the right to run is a political right, and this is according to the Constitution of the Republic of Iraq, which was adopted in 2005. AD is approved and is enforceable. Thus, according to the Iraqi constitution, crimes of electoral violence against minorities in Iraqi law are equivalent to political crimes, and as it has become clear to us, the crime of political violence against minorities in Iraqi law only harms political rights or political interests. Zand, even if it is a non-political motive and desire, such as raping an election campaign for one of the candidates due to personal hostility, is a non-political motive in such a case, but the crime has damaged political rights, which is the right to run in elections Be. It is worth mentioning here an important issue that occurs in practice, which is the commission of a crime against the election process, which has terrorist motives, the purpose and motive of which is not to affect the election process, and only their purpose is terrorist. They want to violate and undermine the election process.