Constitutional embodiment of the right of political asylum under the Iraqi Constitution in force 2005
Resumen
The issue of political asylum is of great and varying importance, especially in re- cent times. The motives that have given rise to this importance are increasing in size, aggravation and spread throughout the world, as evidenced by recent political and security instability in many countries of the modern world. A person may acquire political views contrary to the political system in his country, which is a sufficient ground for absconding and seeking recourse to other states for protec- tion, prevention of persecution and abuse of the world at large. This right must have been secured by any means, violation of rights and torture in his country which holds its nationality, especially in countries with totalitarian regimes. As security and safety are among the most basic rights that human beings need in the face of creation and the most basic rights which must be among the most important of these means is the constitution of the right of political asylum, in the sense that this right is enshrined in the constitutions of different countries on the basis that the Constitution is the supreme document and the highest law in each country all laws and internal laws issued therein shall be complied.Citas
First: Language books and dictionaries
- Sansan Al-Arab, Muhammad ibn Makram bin Ali, Abu al-Fadl, Jamal al-Din Ibn Manzoor al-Ansari al-Ruwaifai'African (deceased: 711 AH), Dar Sader-Beirut, third edition 1414 AH.
- The Arabic Language Dictionary, Ahmed Mokhtar Abdul Hamid Omar (the deceased) : 1424 e) with the help of a team, World Books, the first edition 1429 - 2008.
- The crown of the bride, Mohammed bin Mohammed bin Abdul Razzaq al-Husseini, Abu al-Faid, nicknamed Mortada, al-Zubaidi (deceased: 1205 e), investigator: a group of investigators, Dar al-Hedaya, without edition.
- Holy Conversations, Supreme Council for Islamic Affairs - Cairo - without edition 1402 AH_1981.
- Dr. Semouhi Extraordinary, Dictionary of Diplomacy and International Affairs, Lebanon-Beirut, Don Nasher, undated.
Second: Books and legal works
- Dr. Ali Hussein Al-Khalaf, the mediator in explaining the Penal Code - General Theory, Part I, Al-Zahraa Press, Iraq, first edition 1968.
- Dr. Mohamed Talaat Al-Ghunaimi, General Provisions in the Law of Nations, Al-Ma'aref Establishment, Alexandria, 1971.
- The Order of Allah Burhan, The Right of Political Refuge - Study in the Theory of Refuge in International Law, Dar al-Nahda al-Arabiya-Cairo, 1983 edition.
- Fattouh Abdallah Al-Shazly, Penal Code - General Department, University Publications House - Alexandria - without the 1998 edition.
- Dr. Essam Naima Ismail, Relocation of Foreigners - Analytical Study in Light of International Law, Don Publisher, First Edition 2003.
- Ali Shukri, Human Rights between Theory and Practice - Study in Islamic Law, International Covenants and the Iraqi Constitution - Itrak for Publishing, Publishing and Distribution, Al-Dar Engineering, Egypt-Cairo, First Edition 2005.
- Dr. Ahmed Awad Bilal, Principles of the Egyptian Penal Code - General Section, Dar al-Nahda al-Arabiya, Cairo, 2007 edition.
- Dr. Ahmed Abu Al-Wafa, International Protection of Human Rights, Dar al-Nahda al-Arabiya, Cairo, 3rd edition 2008.
Third: Theses and theses
- Ateka Mohammed Salameh, The Political Dimensions of Refugees in the Future of the Palestinian State, Master Thesis from Beit Hikma Institute, Political Science Department, Al-Bayt University, Jordan, 2012.
- Fayza Mohammed Al-Hijaya, Political refugees' rights and obligations in the country of asylum in the light of international refugee law and human rights laws - The Hashemite Kingdom of Jordan as a case study - Master Thesis, Mutah University, Jordan, 2012.
Fourth: Research and published articles
- Dr. Ali Sadeq Abu Heef, Attending Embassies and Foreign Countries, Research published in the Egyptian Journal of International Law, vol. (22), Publisher: The Egyptian Association of International Law, 1966.
- Dr. Ahmed Smouhi, Political and Normal Asylum, Publisher: Ministry of Foreign Affairs, Institute of Diplomatic Studies, Source: Journal of the Diplomatic Magazine, No. (12), Jumada December 1989.
- Dr. Abdul Rahim Sedqi, The Limits of Political Asylum and Extradition of Terrorist Offenders, Research Presented at the Third Annual Scientific Conference, 21-21 April 1998. Under the title: "The Legislative Confrontation of the Phenomenon of Terrorism at the National and International Levels", published by the Faculty of Law, Mansoura University, Egypt, April 1998.
- Dr. Habib Bihi, The Limits Between Political Expulsion and Illegal Migration, Publisher: Dar-es-Salaam for Printing and Publishing-Morocco, Journal of Moroccan Law, Center for Legal Studies and Research, No. 6, July 2004.
- Dr. Ali Yousef Al-Shukri, The Iraqi Constitution between the Hammer of the Dictatorship and the Sanctions of Democracy - Study in Public Rights and Freedoms, Journal of the Faculty of Jurisprudence - University of Kufa, No. (5), Iraq 2007.
- Dr. Sahar al-Yasiri, Political and Humanitarian Aspects of International Law, published in Al-Sabah Newspaper, Kuwait, No. 5, August / August 2007.
- Dr. Ali Yousef Al-Shukri, Constitutional Organization for Political Asylum - Comparative Study in Arab Constitutions, Research published in the Journal of the Center for Kufa Studies, University of Kufa, 18th Issue 2010/2011.
- Memoirs of the members of the State Affairs Commission, "The extent of the jurisdiction of administrative courts to supervise the decisions of the President of the Republic to grant political asylum in Egypt to the former president Jaafar Mohammad Nimeiri", Publisher: Ministry of Justice Technical Office, Research published in the Journal of Justice No. 35, ), April 2012.
- Farah Mustafa Abdullah Abed, Security and the Right of Refuge between Sharia and Law, Research published in the Journal of Justice, No. 35, the year fourteenth, April 2012
Dr. Muqrin Rima, d. Bousayha El-Sayeh, Political asylum and national security, published in Al-Nadwa Journal of Legal Studies, Algiers, no. (4), August / August 2015.
- Saigy Wadad, Refugee, Legal Framework and Concept, published in the Journal of Human Sciences, University of the Brothers Menouri Constantine, No. 46, vol. December 2016.
- Dr. Blemdabouni Mohamed, The Status of Refugees in International Humanitarian Law, Research published in the Academic Journal of Social and Human Studies, Department of Economic and Legal Sciences, No. (17), January 2017.
Fifth: Constitutions, laws and international conventions
- The French Constitution of 1793.
- The Jordanian Constitution of 1952.
- The Kuwaiti Constitution of 1962.
- The Somali Constitution of 1969.
- The Egyptian Constitution of 1971 (abolished).
- The UAE Constitution of 1971.
The Syrian Constitution of 1973.
- The Tunisian Constitution of 1989.
- The Yemeni Constitution of 1990.
- The Constitution of Oman in 1996.
- The Algerian constitution of 1996.
- The Bahraini Constitution for the year 2002.
- The Palestinian Constitution for the year 2002.
- The Qatari Constitution of 2003.
- The Iraqi Constitution in force for the year 2005.
- The Egyptian Constitution in force for 2014.
- Iraqi Penal Code 111 of 1961.
Iraqi Political Refugee Law No. 51 of 1971.
- The 1951 United Nations Convention on the Rights of Refugees.
- Caracas Convention on the Regional Refuge of 1954.
The Convention on International Treaties in 1969
- European Convention on Extradition for the year 1975.
))Dr. Saleh Jawad Al-Kazim, Ali al-Ghalib al-Ani, Political Systems, Dar al-Hakamah-Iraq, Duttaba 1990 (p. 136)
(1/152), the language of (11/131), Tajalarus (1/419), in the language of contemporary Arabic (3/1994)
Surah At-Tawbah (6)
) Ovalawi says: "It is customary for the tenant to take the tail of the trafficker or the tip of his robe and Azarh, and may have taken the right to exaggerate in the trade, as if pointing to the need to guard and hurt him harm, and guarding what is under the cover and flatten it, Adhesive is not ceasing to him "
See: The Holy Conversations, Supreme Council for Islamic Affairs - Cairo, without edition 1402 AH_1981 (1/117)
Therefore, it is written in the books of the Arabic language, including a book dedicated to the son of his master: "The man did: I prevented him, and begged me: he asked me to hire him."
Surah Al-Mu'moonoon, verse (88)
Dr. Smohaif, Journal of Diplomacy and International Affairs, Lebanon-Beirut, Donnachar, Donatreich (p. 356)
(1) of the 1951 UN Convention on the Status of Refugees
P. 208 and beyond), the first of its kind in the Islamic Republic of Iran,
Dr. Ahmed A. Awalwalova, International Protection of Human Rights, Dar al-Nahdah al-'Arabiya-Cairo, 3rd ed. 2008 (pp. 53, 62)
Dr. (1971), Journal of Social and Human Studies, Department of Economic and Legal Sciences, No. 17, January 2017 (p. 161)
Article (1) of the Political Refugees Law of Iraq (51) of 1971 issued on 23/3/1971.
Dr. Ahmad Smouhi, Political and Normal Asylum, Publisher: Ministry of Foreign Affairs, Institute of Diplomatic Studies, Source: Journal of the Diplomatic Magazine, No. (12), Jumada December 1989 (p 77)
Dr. Ahmed Smouhi, Political and Normal Asylum, op. Cit. (P. 78)
Dr. (P. 114), published in the Egyptian Journal of International Law, vol. (22), Publisher: Egyptian Society of International Law, 1966 (p. 114)
Dr. Aliasadak Abohaif, Immigration to Embassies and Foreign Countries, op. Cit. (P. 109 and beyond)
Dr. Ali Hussein al-Khalaf, the mediator of the Penal Code-General Theory, Part One, Al-Zahraa Press, Iraq, First Edition, 1968 (pp. 388 ff)
Dr. Aliasadak Abohaif, The Exploitation of Embassies and Foreign Countries, op. Cit. (P. 117)
Dr. (Pp. 282), Autek Muhammad Salameh, The Political Dimensions of Refugees in the Future of the Palestinian State, Master Thesis from Beit Hikma Institute, Political Science Department, Al-Bayt University - Jordan -, the academic year 2012 (p. 14)
"The Order of Allah Burhan, The Right of Political Refuge - A Study in the Theory of Refuge in International Law, Dar al-Nahda al-Arabiya-Cairo," without the 1983 edition (p. 36)
Dr. Issam Ismail Ismail, Migration of Aliens - Analytical Study in Light of International Law, Donnashir, First Edition 2003 (p. 65)
Dr. Al-Hussain Al-Khalaf, The Mediator of the Penalties - General Theory, Part I, Marj former (p. 388 and beyond)
Dr. Ali Yousef Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study in Arab Constitutions, op. Cit. (P. 178)
Is considered one of the most important political persecution in the Middle Ages.
See: Fatouhallah Al-Shazly, Law of Penalties-General Section, Dar-al-Jama'at al-Jama'at al-Jamaa'iyya-Alexandria, 1998 (pp. 88 and beyond)
Dr. Ahmed Awad Bilal, Principles of the Egyptian Penal Code - General Department, Dar al-Nahda al-Arabiya, Cairo, 2007 edition (p. 128 et seq.)
Dr. Ali Yousef Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study on Arab Constitutions, op. Cit. (P. 179)
Article (21) of the Iraqi Penal Code 111 of 1961.
This document was obtained from the files of the Special Security Service after the fall of the regime of Saddam Hussein on 9/4/2003.
Dr. Ali Yousef Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study in Arab Constitutions, op. Cit. (P. 183)
Dr. Ali Youssef Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study in Arab Constitutions, op. Cit. (P. 184)
Dr. Sahar al-Yasiri, Political and Humanitarian Aspects of International Law, published in Al-Sabah Newspaper, Kuwait, No. 5, August / August 2007.
Dr. Muqrin Rima, d. Bousaiha El-Sayeh, Political asylum and national security, published in Al-Nadwa Journal of Legal Studies-Algeria, No. 4, August / August 2015 (p. 98)
Dr. Aliyosovalchkri, International Terrorism and the New International System, Ettraklp, Publishing and Distribution-Cairo, 2008 (p. 123), d. Ali al-Asadiq, The Public Law, Knowledge Establishment, Alexandria, Dontapha, Donatürk (pp. 307 and beyond)
Dr. Ali Yousef Al-Shukri, Constitutional Organization for Political Asylum - Comparative Study in Arab Constitutions, op. Cit. (P. 177)
(2) of Article 3 of the European Convention on the Extradition of Criminals of 1975.
Article (3) of the Convention on the Establishment of the Territorial Refuge in 1954.
(Hazmaseyjodad, Refugee - Legal and Conceptual Framework), Research in Human Sciences, University of the Brothers of China, No. 46, Vol. December 2016 (p. 499)
Dr. "The Constitutional Confrontation of the National and International Human Rights Phenomenon", published in April 1998 (pp. 516 et seq.), Entitled "The Constitutional Confrontation of the National and International Human Rights Phenomenon"
Dr. Al-Habibihi, The Limitations of the Political and Illegal Migration, ed., Dar al-Salamlalat al-Basha and Al-Nashir-Morocco, Journal of Moroccan Law, Journal of Law, No. 6, July 2004 (pp. 140 and beyond)
Dr. Muqrin Rima, d. Bousayha Sayeh, Political asylum and national security, op. Cit. (P. 95)
Dr. Habibihi, The Limits of the Political and Illegal Immigration, op. Cit. (P. 144)
Fayza Mohammed Al-Hijaya, Political Rights of Refugees and Their Obligations in the Country of Refugees in the Light of International Refugee Law and Human Rights Laws - The Hashemite Kingdom of Jordan as a Case Study - Master Thesis, Mutah University, Jordan, 2012 (p. 68)
Fayza Mohammed Al-Hijaya, Political Rights of Refugees, Obligations in the Country of Refugees in the Light of International Refugee Law and Human Rights Laws - The Hashemite Kingdom of Jordan as a Study Case, op. Cit. (P. 69)
(P. 160), Islamic Law, Islamic Law, International Charters and the Constitution of Iraq, Journal of Publishing and Publishing, Alexandria, Egypt, Cairo,
Article (53) of the 1969 Convention on International Treaties.
Article 31, paragraph 1, of the Convention relating to the Status of Refugees of 1951
Article 31, paragraph 2, of the Convention relating to the Status of Refugees of 1951, article 5 of the Convention on Territorial Asylum Caracas, 1954.
Dr. Ahmed A. Ubalova, International Protection of Human Rights, op. Cit. (P. 53, 62)
Article 3 of the Convention relating to the Status of Refugees of the Year 1951.
Dr. Al-Ousaflashkari, The Constitution of Iraq, Between the Doctrine of Democracy and Democracy, A Study of Public Rights and Freedoms, Research Papers, unpublished, pp. 6)
Article (120) of the Constitution of France in 1793.
The Preamble to the French Constitution of 1946.
Dr. Muqrin Rima, d. Bousayha Sayeh, Political asylum and national security, op. Cit. (P. 101)
Dr. Ali Yusuf Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study in Arab Constitutions, Research published in the Journal of the Center for the Study of Kufa, University of Kufa, 18th Issue 2010/2011 (p. 188)
Third paragraph of Article (19) of the Constitution of Alsumalali issued in 1969.
Article (53) of the Egyptian Constitution of 1971 (repealed)
Article (91) of the Egyptian Constitution published in the Official Gazette in issue no. 3 bis (a) on 18/1/2014.
"The Jurisdiction of the Administrative Judiciary", "The Extent of Jurisdiction of the Administrative Judiciary to Supervise Presidential Decisions to Grant Political Right in Egypt to Former President Jaafar Mohammad Nimeiri", Publisher: Ministry of Justice, Technical Office, Research published in Journal of Justice No. 35, 14), April 2012 (p. 336), d. Ali Youssef Al-Shukri, Constitutional Organization for the Right to Political Asylum - Comparative Study in Arab Constitutions, op. Cit. (P. 188)
Article 42 of the Constitution of 1992.
Dr. Muqrin Rima, d. Bousayha Sayeh, Political asylum and national security, op. Cit. (P. 101)
Article 58 of the Qatari Constitution of 2003.
Article 21, paragraph 1, of the Iraqi Constitution in force for the year 2005.
Dr. Muqrin Rima, d. Bousayha Sayeh, Political asylum and national security, op. Cit. (P. 102)
Paragraph (II) of Article (21) of the Iraqi Constitution in force for the year 2005.
Paragraph (III) of Article (21) of the Iraqi Constitution in force for the year 2005.
Article (9) of the Convention on the Financing of Capital in 1991.
Resolution 1378 of 28 September 2001, based on Chapter VII of the Charter of the United Nations of Article (21) of the Constitution of Jordan in 1952.
Chapter 17 of the Tunisian Constitution of 1989.
Article 69 of the Algerian Constitution of 1996.
Article (45) of the Constitution of Yemen in 1990.
Article 32 of the Palestinian Constitution, 2002.
Article (34) of the Syrian Constitution in 1973.
Article 21 of the Constitution of Bahrain in 2002.
Article (46) of the Constitution of Kuwait in 1962.
Article (38) of the Constitution of the UAE in 1971
Article (36) of the Constitution of Oman in 1996.
Dr. Ali Yousef Al-Shukri, Constitutional Organization for the Right to Political Asylum-Comparative Study in Arab Constitutions, op. Cit. (P. 191)
Dr. Ali Yousef Al-Shukri, Constitutional Organization for the Right to Political Asylum-Comparative Study in Arab Constitutions, op. Cit. (P. 191)
Article (15) of the Iraqi Constitution in force for the year 2005.
Dr. Aliyosovalchkri, The Constitution of Iraq, The Doctrine of the Democratic-Democratic dictatorship, Study on Public Rights and Freedoms, op. Cit. (P. 7)
Article 21, paragraph 1, of the Iraqi Constitution in force for the year 2005.
Paragraphs (II and III) of Article (21) of the Iraqi Constitution in force for the year 2005.
Human Rights Report, 1 July-31 December 2009, issued by the United Nations Assistance Mission for Iraq.
Article (1) and (2) of Article (4) of Political Refugees Law No. 51 of 1971
Article (21) of the Iraqi constitution 2005
Article (3) of the Law No. (51) for the year 1971.
Dr. Habibihi, The Limits of the Political and Illegal Immigration, op. Cit. (P. 144)
Article (5) of the Political Refugees Law No. (51) of 1971.
Article 11, paragraphs 1, 2, and 3 of the Political Refugees Law No. 51 of 1971. 100. Article 13, paragraph (1), of the Iraqi Political Refugee Law No. 51 of 1971.
