Human Trafficking Crimes The crime of slavery as a model ((Comparative study

Main Article Content

Rusul fasil dalol

Abstract

That crime is a social phenomenon that we see has accompanied our human society since ancient times, and as a result has been infected in all its forms, and therefore it was necessary to emerge methods and means, in order to restore social balance, or alleviate the impact of turmoil and imbalance that affects the security and safety of society, so the penal law began criminalizing some forms of behavior to protect the core values in society, and with the development of society, and the passage of time and the need to legislate a new set of laws to keep pace with developments accompanied by a quantitative and qualitative rise in the proportions Crimes, on the one hand increased the number of crimes on the other hand crimes arose New, the criminal legislator has responded to the development that hit the role of the state, and despite the great role played by legislation in criminalizing improper behavior, and imposing penalties on its followers, but this policy is double-edged, as the large number of punitive provisions in the special penal laws, such as human trafficking legislation, terrorism, and others, lead to conflicting laws among themselves, and confuse the judicial arena with an endless torrent One of the texts, which sometimes led to conflict in judgments and instability in the selection of which texts are most useful in applying to disputes that are presented before the judiciary, this leads to prejudice to criminal justice, because the large number of laws kills  the law ,Therefore, our study will be on the crime of human trafficking, in particular, and we will focus on the crime of slavery as a comparative study between Iraqi and Lebanese law

Article Details

How to Cite
fasil dalol ر. (2024). Human Trafficking Crimes The crime of slavery as a model ((Comparative study. MIsan Journal of Comparative Legal Studies, 1(10), 98–136. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/303
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Articles

References

A. The Holy Quran

B. Books and references

- Abdel Fattah Bayoumi Hegazy, International Criminal Court, "A specialized study in international criminal law", the general theory of international crime, the theory of the court's jurisdiction, Dar Al-Kutub Al-Qanoon, Egypt, 2007

- Adel Al-Majed, Combating Human Trafficking Crimes in International Conventions and National Law, Series Legal Studies (2), 1st Edition, Institute of Training and Judicial Studies, UAE, 2007

- Ahmed Abdel Qader, The crime of human trafficking: a comparative study. Master's thesis. Al-Nahrain University, College of Law, 2013

- Ahmed Lotfi Al-Sayed Marei, Strategy to Combat Human Trafficking Crimes, A Comparative Study, First Edition, University Book House, Riyadh, Human trafficking between Islamic law and man-made laws

- Asmaa Ahmed Al-Rasheed, Human Trafficking and its Historical Development, Dar Al-Nahda Al-Arabiya, Egypt, 2009

- Dhari Khalil Mahmoud and Basil Youssef, International Criminal Court (the dominance of law or the law of domination), first edition, House of Wisdom, Baghdad, 2003 2016

- Farouk Mohammed Sadiq Al-Araji, The Law Applicable to Crimes before the International Criminal Court - A Study in the Rome Statute, First Edition, Dar Al-Kholoud for Press, Printing, Publishing and Distribution, Beirut, 2011

- Fayez Mohamed Hussein Mohamed, The Legislative Confrontation of Human Trafficking in Comparative Law and the Philosophy of Human Rights, Egypt, Dar University Publications, Alexandria, 2015.

- Ibrahim Mustafa and others, Al-Waseet Dictionary, Part 1, Islamic Library for Printing, Publishing and Distribution.

- Mahmoud Cherif Bassiouni, The customary framework of international humanitarian law "interventions, gaps and ambiguities

- Mahmoud Naguib Hosni, Lessons in International Criminal Law, 1960.

- Majid Hayawi Alwan Al-Rubaie, The Prohibition of Human Trafficking in International Law (A Comparative Study with National Legislation), 1st Edition, Center for Arab Studies, Egypt, 2015

- Muhammad Hassan Talha, Human Trafficking Crimes, without Place or Year of Printing, pp. 107 et seq.

- Mustafa Al-Adawi, Human Trafficking: What it is and the mechanisms of international cooperation to combat it, no printing place, 2014.

- Reda El-Sayed Abdel Aty, The Crime of Human Trafficking in Arab Legislation and International Conventions, Dar Mahmoud for Publishing and Distribution, Cairo, no printing year.

- Safwan Maqsoud Khalil, Crimes against humanity and genocide and ways to combat them, a study in contemporary international law, first edition, Arab House of Encyclopedias, Beirut, Lebanon, 2010.

- Salah Hadi Al-Fatlawi. Symposium on the crime of human trafficking. University of Baghdad – College of Law. 2011.

- Suzi Ali Nashed, Human Trafficking between the Hidden Economy and the Formal Economy, Legal Library, no printing place, 2005.

C. Letters and theses.

- Ahmed Abdel Qader, The crime of human trafficking: a comparative study. Master's thesis. Al-Nahrain University, College of Law,2013

- Iman Mahmoud Muhaibis, The duty of management in preventing human trafficking, Master Thesis, University of Baghdad, 2015

- Zeina Younis Hussein, The crime of human trafficking in comparative law. Master's thesis. Islamic University of Lebanon-Faculty of Law, 2015.

D. –Magazines.

- Dhari Khalil Mahmoud, General Criminal Principles in the Statute of the International Criminal Court, Journal of Legal Studies issued by the House of Wisdom, Second Issue, First Year, 1999

- Samer Hamid Safar, Iyad Kazem Saadoun, The phenomenon of human trafficking among the methods of ancient crimes, which are known to be called soft goods, Maysan Journal for Comparative Studies, 2021, established https://uomisan.edu.iq/law/mjcls/index.php/mjcls/issue/view/6 published on the website,

- Hussein Abd Ali Issa2022). Confronting the crime of human trafficking committed by an organized criminal group. Maysan Journal of Comparative Legal Studies, 1(4), 31–50. https://doi.org/10.61266/mjcls.v1i4.65 published on the website.

E. Law.

- Iraqi Anti-Human Trafficking Law No. 28 of 2012

- Law No. 1 of 2008 on combating human trafficking in Bahrain in force1930

- Law No. 64 of 2010 on combating human trafficking in Egypt

- Law No. 9 of 2009 to prevent Jordanian human trafficking in force

F. International legal conventions

- International Labour Convention / Geneva, 1930

- Slavery Convention of 1926

- Forced Labour Convention, 1930

- 1957 Convention

- 1929 Prisoners of War Convention.

- Fourth Geneva Convention of 1949.

- Apartheid Convention of 1973.

G. Reports

- Mohammed Milhan Al-Dulaimi, Anti-Human Trafficking Law No. 28 of 2012, report published on the official website of the Supreme Judicial Council www.iraqja.iq.

- Ahmed Suleiman Al-Zaghalil, International Efforts to Combat Human Trafficking, paper presented to the Conference on Combating Trafficking.

- Ahmed El-Sayed Ali Afifi, Child Marriage in the Light of the Child Law No. (126) of 2008 and Law No. 64 of 2010

- On Combating Human Trafficking, a working paper presented to the symposium on human trafficking between criminalization and coping mechanisms, Police Academy, Police Research Center, Cairo, 2010.