نفاذ التزامات العراق الدولية في مجال حقوق الإنسان

Abstract

The Human Rights situation in Iraq has been an important topic of many reports issued by the international organizations as a result of their continuous violations that have been experienced during the periods of various governments in Iraq. This has raised many legal problems related to this subject, including the nature of Iraq's obligations on human rights and the legal value of constitutional provisions on human rights and their effects positively and negatively on the status of human rights in Iraq. The study also explores the effectiveness of the international legal instruments to provide the necessary protection to human rights.As it is well known, human rights is essential topic for both national and international law. This always was a source of debate, particularly in relation to the limitations of both laws. It is not clear where one of these laws can stop its concern on human rights, so the other can start. Historically, human rights is an internal matter that no international intervention can touch it. However, and due to the failure of this law to protect human rights, international law has started to deal effectively with human rights matters. There is now, however, a new approach calling for a (internationalization of the constitution) where the international understanding of human rights should be adopted in the constitution. This will make human rights as general standards that should be respected by all national institutions. This paper focuses on studying the international obligations of Iraq in the context of human rights by examining treaty and non-treaty obligations. It went further to examine how these obligations can be implemented at national levels and where these obligations can be carried out automatically or a legislation should be adopted to incorporate these obligations.