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Since its first codification in the early twentieth century, Iranian family law has followed the Shiʿi (Jaʿfarī) school of jurisprudence. In other parts of the Shiʿi world, the question of codifying Shiʿi family law has emerged more recently. This chapter argues that codification enhances the formal rule of law. In the past, family law codification was considered to conflict with a fundamental element of Shiʿi legal thought and religious practice, namely ijtihād, independent legal reasoning by qualified scholars, which makes for a living law. Based on a comparative analysis of Iranian family law and recent Shiʿi (draft) laws put forward in Afghanistan, Bahrain, and Iraq, this chapter discusses where modern Shiʿi family law is located between the “opposite” poles of the formal rule of law (where law is general, prospective, clear, and certain) and ijtihād. The findings indicate that, today, the two are not viewed as contradicting each other. Yet, while Iranian family law only serves as a limited model for other parts of the Shiʿi world, the comparison shows that Iran subjects Shiʿi family law to the formal rule of law more comprehensively than is the case in the other three analyzed countries.
During the pandemic, specifically in 2021, I established a virtual network that gathers Iraqi women academics who are based in the diaspora and in Iraq. The network is a private WhatsApp group and an X account that promotes the scholarly work of Iraqi women and fosters collaboration. We have attracted the attention of international institutions, enlarged our group to include Iraqi women academics across the continents, and introduced our work to a larger audience. Like any other group, the network has faced several challenges. We are academic women who are overloaded with endless tasks and burdened with family responsibilities, but we have found solidarity in our group. Our steps are small and slow, but we are making progress in enhancing the global visibility of Iraqi women academics and supporting the higher education system in Iraq.
Adopting a human rights-based approach, this paper scrutinizes the treatment of illicit trafficking in cultural property as a human rights issue. The study focuses on the Iraqi contribution to the international agenda, revealing that Iraq co-sponsored at least 13 UN resolutions on the restitution of illegally expropriated cultural property, actively contributing to the negotiation of others, along with submitting its legal opinions on the drafts of relevant international documents, starting from as early as 1936 to culminate with the calls to stop cultural plunder feeding Western markets since the 1990s. Centering the Iraqi voices and adopting a critical decolonial rights-based perspective, the study showcases how illicit trade in cultural property clearly emerges as a violation of a state’s permanent sovereignty over its wealth and resources, negatively impacting its ability to guarantee the right to pursue economic, social, and cultural development for its people, as well as to freely dispose of their resources, the key components of the right to self-determination.
The Eridu region in southern Mesopotamia was occupied from the sixth until the early first millennium BC, and its archaeological landscape remains well preserved. The present study has identified and mapped a vast, intensive, well-developed network of artificial irrigation canals in this region.
The Environmental Impact Assessment (EIA) is a powerful tool for assessing future projects and initiatives to avoid their negative consequences on biodiversity and the environment in the early stages. To examine how project developers and planners can maximize the full value of EIAs to manage biodiversity risks in the Middle East and North Africa (MENA) region, this chapter evaluates the adverse impacts of three major projects on the biodiversity of the Tigris and Euphrates river basin: the Güneydoğu Anadolu Projesi (GAP) project in Türkiye; the Tropical Water Projects in Iran; and drainage projects in Iraq. The chapter illustrates how the lack of a comprehensive EIA in water projects on the Tigris and Euphrates river basin has had diverse and adverse consequences on the environment and biodiversity of the basin. The chapter then provides insights into how the EIA could be enhanced in current and future developments in the basin by improving legal frameworks at the national level, increasing institutional capability and integrating technological advancement into the EIA.
The conclusion of the book summarizes its main arguments and findings and considers their implications for research on forced migration, conflict, and political violence. Beyond strategic displacement, the book illuminates the politics of civilian movements in wartime, which can shape the perceptions of civilians as well as combatants during and after war. To demonstrate this, the chapter provides evidence of a survey experiment from Iraq that shows how displacement decisions during the ISIS conflict influence people's willingness to accept and live alongside others after war. The chapter also discusses the policy implications of the analysis in five areas: displacement early warning, justice and accountability, humanitarian aid, post-conflict peacebuilding, and refugee resettlement and asylum. It also discusses some of the limitations of the analysis in the book and pathways for future research.
Forms of violence and the literary avenues for expressing them constitute allegorical worlds that place them on the fringes of literature. Such worlds submerged under the normative conception of world assert their existence through violent bonds and alliances. Against the predominantly secular and centrist underpinnings in the world literature debate, the chapter construes worlds through malleable, multiple, and contra-normative temporal coordinates. World-making through violence, as Yasmina Khadra’s The Attack, Kae Bahar’s Letters from a Kurd, and Ahmed Saadawi’s Frankenstein in Baghdad show, unfolds deep within such temporalities where vernacular renditions of divine and organized vengeance have an insurgent mode. Contesting secular notions of the sublime as something to be revealed to the subject at the end of reason, the insurgent sublime manifests as an intrasecular force invoked on a whim at the limit of reason. This intrasecular sublime is salient to Sinan Antoon’s The Corpse Washer and Omar Robert Hamilton’s The City Always Wins, wherein death and dead bodies become breeding sites of violent alliances. Death in the two novels enables a thanatopolitical resistance where acts of naming, washing, resurrecting, and ennobling the dead lend themselves to a critique of necropolitical technologies that manufacture death as though it were a commodity.
This chapter examines belief in misinformation during the Coalition air war against ISIL in Iraq. In particular, it investigates a unique nationwide survey of contemporary Iraq that measures Iraqis’ factual perceptions about the Coalition airstrikes against ISIL, as well as whether they have lived under ISIL rule where the vast majority of strikes actually occurred. Moreover, this survey is paired with geo-located event data on the Coalition airstrikes themselves obtained from Airwars in order to measure the respondents’ proximity to the events more directly. Overall, the results reveal that Iraqis’ factual misperceptions about Coalition actions are widespread – fueled by both their own preexisting political orientations and streams of information in the dispute – but that civilians with greater personal exposure to the campaign are much less likely to embrace these falsehoods. Indeed, both experience living under ISIL control and proximity to the airstrikes themselves significantly reduce factual misperceptions about the Coalition’s aerial campaign, including false claims about its targeting of Shiʿa Arab-led militias and its strategic benefits to ISIL.
This article analyses the struggle for possession of the House of Baha’u’llah in Baghdad during the 1920s and 1930s. One of the Bahai religion’s most sacred sites, the House of Baha’u’llah was the subject of protracted legal and political-diplomatic disputes following efforts by anti-Bahai activists to appropriate it from its Bahai custodians in 1921. The ensuing case touched almost every facet of the Iraqi judicial system, galvanised the international Bahai community and captured the attention of the British colonial state, the Iraqi government and the League of Nations. This article explores the causes and implications of the dispute, which can be considered one of the first incidents of religious persecution in modern Iraq. Rather than explaining the incident with reference to the intolerant attitudes of the Shi`i majority, the article argues for the role of the institutions of colonial modernity – the Mandates system, the new minorities regime, the praxis and discourse of colonial expansion, and the internationalism of the interwar period – for the unravelling of the case itself and for affecting modern, secular articulations of anti-Bahai prejudice.
The dramatic impact of the 11 September 2001 attacks on New York and Washington sharply intensified relations between Australia and the USA. The bilateral relationship was reconfirmed as the two states joined in war against an elusive, and unexpected, enemy. As the war on terrorism broadened, Australia enthusiastically joined the so-called ‘coalition of the willing’, sending troops to fight in Afghanistan and, more controversially, deploying forces alongside the USA in the invasion and occupation of Iraq. From late 2001 commentary in Australia invariably accepted that ‘relations with the United States dominated Australian foreign affairs’ or more subtly observed that ‘the central dynamics of Australian foreign policy revolved around the issue of relations with the superpower, and the implications of this relationship’ for the broader exercise of Australian foreign policy.
The Australian Federal Parliament stands magnificently atop Constitution Hill in Canberra as a symbol of the importance Australia attaches to its long and strong democratic tradition. The semiotic message of the Parliament’s architecture is that this is a people’s place, ‘a publicly accessible monument’, a place where its visitors will be as much a part of the fabric of its business as the business of the legislature. The Parliament has used technology to match this physical accessibility such that never has there been a period when greater access to the business and deliberations of the Parliament has been more possible. This accessibility has, however, been matched in the period under review by increasing physical constraints and barriers to access never envisaged at its creation: for the first time in the history of the Commonwealth, the Parliament was closed to the people – on the occasion of the visit of President George W. Bush in October 2003. In this way, the Parliament stands also as a symbol of the way the world has changed since the bombings of the twin towers in September 2001.
As 2001 began, Australia’s relationship with West Asia could be characterised as one between perfect strangers. Despite regular military forays into the region, largely in support of the USA, and a burgeoning commercial relationship, the region had never been considered part of Australia’s primary area of strategic interest nor had political relations between the Australian Government and its regional counterparts ever really moved beyond occasional visits and diplomatic courtesies. Meanwhile, to the extent that Australia entered the consciousness of regional elites and the broader population, it was mainly as a supplier of primary products, such as sheep and wheat, and as a steadfast, if somewhat lower-profile, ally of the USA. In effect, there was a degree of mutual, if largely happy, ambivalence between Australia and the region.
To address the growing need for good-quality mental health service provision to patients in Iraq, mhGAP-IG 2.0 training in mental, neurological and substance use (MNS) disorders was delivered for primary care physicians in May–June 2022 by the Royal College of Psychiatrists (RCPsych) volunteers scheme. An innovative hybrid model was used to deliver this training to improve engagement compared with virtual training alone. Pre- and post-training assessment tools showed a significant improvement in participants knowledge of MNS disorders. Follow-up fortnightly supervision sessions by RCPsych volunteers were planned to help participants consolidate their learning in managing MNS disorders.
UN Charter Art. 2:4 aims to protect states from forcible encroachments by other states, but it does not stand in the way of the Security Council taking or authorizing states to take enforcement actions under Art. 42 and did so in the case of Korea 1950 and Iraq in 1991.It may take or authorize enforcement actions – even inside states – under Art.2:7 and 42. It may also under Art. 53 authorize the use of force by regional organizations – and has done so. The Responsibility to Protect (R2P) doctrine envisages the use of force to remedy extreme internal situations, such as genocide or massacres, but only within the rules cited requiring approval by the Security Council. The veto is often criticized as hindering action by the Council. It may, indeed, be excessively used but may sometimes be only a signal from one of the permanent members that it may be ready to use its power to resist an action proposed. Post WWII, force has been used by states – but only rarely – to acquire territory while ignoring the Security Council, notably by North Korea in 1950, Iraq against Iran in 1980 and against Kuwait in 1990, Russia against Ukraine in 2014 and 2022.
Chapter 12 is the story of Iraqi reparations imposed after the Gulf War. The rise in Iraqi indebtedness was a consequence of global geopolitical trends in the 1980s, when political lending trumped solvency concerns. It allowed Iraq to obtain financing on terms more favourable than offered by the US government. Reparations were a consequence of the end of the Iran–Iraq War when Iraq invaded Kuwait. Reparations were imposed by a UN Resolution with a direct enforcement mechanism to take money from oil revenues. I use oral history sources to trace how Iraqi debt was restructured after the US invasion in 2003. The restructuring was permeated by politics to inflict harsh terms on creditors at the Paris Club, at a time when creditor-friendly restructurings were the norm. Despite its apparent success, however, in going for a politically expedient deal at the Paris Club, I argue the restructuring missed an opportunity to enshrine a doctrine of odious debt in international law. All debt was written off, except war reparations, which were paid in full through sanctions and war. They proved to be senior to all other debt and did not enter the sovereign debt restructuring.
This chapter deals with an analysis of sovereignty and complementarity, including the political idea of ‘sovereignty costs,’ in which powerful actors will commit to actions which limit their power to achieve overarching aims. The exercise of complementarity in both postcolonial States and wealthy, Western States are also examined to determine whether such exercises of complementarity undermine the Court, or if these could reinforce the Court’s authority. The issue of shielding, as the protection of citizens from international prosecution through obfuscation, as a natural corollary to the preceding discussion, is then analysed, taking the examination of the situation in the UK/Iraq as a prime example. This serves as a precursor to a discussion of the examination of Afghanistan, which may confront the same issues and should be considered given that the UK/Iraq examination by the Court has now been concluded.
In the third chapter, the authors discuss the origins and evolution of the Shia political Islam with a focus on the Iranian Revolution of 1979 and the Ayatollahs’ revolutionary vision which aimed to export the Iranian political-religious model to other countries. This chapter gives an overview of the psycho-biographies of influential Shia leaders: Ali Khamenei, Hassan Rouhani, Ali al-Sistani, and Nouri al-Maliki. The authors discuss the operational code analysis results and deliberate on what kind of generic foreign policy behavior and strategies we should expect from Shia political Islamist leaders. The chapter also sheds light on what these results and strategies mean for the MENA politics and consider the implications of this analysis for Iran’s relations with the United States, the EU, and regional powers; Iraq’s foreign relations; and the future of Iraq as a viable power in regional politics. The authors conclude by discussing what these results mean for foreign policy decision-making and the international relations discipline.
Chapter 5 analyzes two cases of fake news as disinformation – the 2003 Iraq war and climate change. I look at how political and economic actors manipulate the news media to promote disinformation, in the process “manufacturing consent” for the public. With Iraq, I document the initial success of the Bush administration in selling the US invasion, producing growing support for the war, with the news-consuming public based on notions that Iraq possessed WMDs and ties to terrorism. Support for war declined over time, as the public was increasingly sensitized to rising casualties and the financial cost of the war, after the United States failed to find WMDs, and as the war was increasingly seen as unwinnable and immoral. I also examine how the fossil fuel industry utilized “false balancing” as a news management technique for encouraging mass confusion related to climate change, pitting climate-change skeptics against individuals recognizing planetary warming. Examining “climategate” and cap-and-trade legislation in the late 2000s, I show how reactionary narratives dominated the news, driving increased public opposition to efforts to address climate change. Public opposition receded by the mid-to-late 2010s as extreme weather and a warming planet undermined efforts to foster mass ignorance.
This chapter describes the relationships between domestic political institutions and war. Moving beyond older debates comparing democracies and autocracies, it presents a conceptual structure for differentiating among different types of autocracies. Autocracies vary as either being personalist or non-personalist, and also as being led by either military officers or civilians. Personalist regimes are less constrained by domestic audience costs, and military leaders are more likely to embrace the effectiveness and legitimacy of using force. The likely onset and outcome of conflicts vary across autocracy types. The chapter explores other ideas linking domestic politics and war, including the diversionary theory of war, coup-proofing (when autocrats take steps to reduce their risk of being overthrown in a military coup d’état), and the marketplace of ideas (when foreign policy issues can be freely debated in government and society). The chapter applies many of these ideas to a quantitative study on what kinds of political systems are more likely to win their interstate wars, and a case study of Iraq’s 1990 invasion of Kuwait.
Using a classical perspective tending to interpret existing positive international law, this chapter pursues a double objective. First, it fits in with the doctrinal trend embodied by the Institut de droit international (IDI) in emphasising that intervention by invitation is unlawful if it implies interference in an internal situation, contrary to the right of peoples to self-determination. Second, this research highlights the growing role of the UN Security Council in appraising and characterising the conditions surrounding the legal validity of intervention by invitation. The chapter focuses on military operations in Mali (2013), Iraq (2014), Syria (2015), Yemen (2015), and The Gambia (2017). It observes how, by adopting resolutions, the UN Security Council made pronouncements on which authority was entitled to give its consent, and on the legitimacy of the object and effects of the intervention. The chapter concludes that the Council no longer necessarily authorises any military intervention, but centralises and multilateralises the appraisal of the circumstances surrounding the formulation of the invitation.