Legal problems in granting civil compensation to victims: solutions and proposals (Law No. 2 of 2016 as a model)
Keywords:
The affected, Cash Compensation, Moral Compensation, Physical Damage.Abstract
The purpose of enacting Law No. (2) of 2016 as amended, after it is one of the transitional justice laws, is to provide the necessary treatments by determining material and moral compensation and other privileges, with the aim of compensating for the damages or mitigating their severity, as a result of the murders committed by the defunct regime and the terrorist ISIS gangs, which resulted in causing serious harm to their families the families of the martyrs and to a large segment of Iraqi society. However, in practical reality, the application of the provisions of this law is not without legal problems, whether related to the procedures for inclusion in this law and the affected categories entitled to compensation rights and privileges, on the one hand, and on the other hand there are obstacles in granting some compensation and privileges to this category as a result of the ambiguity and shortcomings of some of the legal texts establishing these rights. Therefore, our study shed light on these problems and provided the necessary legal solutions, whether by amending some legal texts or providing a legal analysis that is consistent with and in line with the objectives of this law in order to grant rights to those who deserve them, in order to achieve the will of the legislator behind enacting this law.
References
First: Books:
1- Dr. Ahmed Salman Shahib and Dr. Jawad Kazem Jawad: Sources of Obligation (A Comparative Study of Arab Laws and Islamic Jurisprudence), Zain Legal and Literary Library, First Edition, Beirut, Lebanon, 2015.
2- Enaam Hamed Salman: Airport Tort Liability for Noise Pollution (A Comparative Study), First Edition, Arab Studies Center for Publishing and Distribution, Giza, Egypt, 2022.
3- Dr. Hossam El-Din Mahmoud Mohamed: Tort Liability for Interference in Contractual Relations in American Law, First Edition, Arab Studies Center for Publishing and Distribution, Giza, Egypt, 2020.
4- Dr. Hassan Ali Al-Dhanoun: Explanation of Civil Law, Principles of Obligation, Al-Maaref Press, Baghdad, Iraq, 1970.
5- Dr. Diraa Hammad: The General Theory of Obligations (Sources of Obligation), Part One, Al-Sanhouri Library, Beirut, Lebanon, 2016.
6- Dr. Samir Abdel Sayed Tanago: Sources of Obligation, First Edition, Al-Wafa Legal Library, Alexandria, Egypt, 2009.
7- Dr. Shorouk Abbas Fadel and Dr. Asmaa Sabr Alwan: Civil Liability for Unfamiliar Neighborhood Harms, Arab Center for Publishing and Distribution, Cairo, Egypt, 2017.
8- Dr. Abdel Razzaq Ahmed Al-Sanhouri: The Intermediate in Explaining the New Civil Law, The Theory of Obligation in General, Sources of Obligation, Third Edition, Nahdet Misr, Egypt, 2011.
9- Dr. Abdel Fattah Abdel Baqi: Provisions of Obligation, Nahdet Misr Press, Cairo, Egypt, no publication year.
10- Dr. Abdul Majeed Al-Hakim: A Brief Explanation of Civil Law, Sources of Obligation, Part One, First Edition, Legal Library, Baghdad, no publication year.
11- Dr. Abdul Majeed Al-Hakim, Abdul Baqi Al-Bakri, and Muhammad Taha Al-Basheer: A Concise Introduction to the Theory of Obligation in Iraqi Civil Law, Sources of Obligation, Part One, Legal Library, Fourth Edition, Baghdad, 2010.
12. Ezz El-Din El-Danasouri and Dr. Abdul Hamid El-Shawarbi: Civil Liability in Light of Jurisprudence and Judiciary, Part Two, Dar Al-Kutub wal-Dirasat Al-Arabiya, Sixth Edition, Alexandria, 2017.
13. Dr. Ali Kahloun: The General Theory of Obligations, Sources of Obligation, Provisions of Obligation, Al-Atrash Complex for Specialized Books, Tunis, 2015.
14. Ammar Abdul Hussein Ali Shah: The Effectiveness of Legal Rules in Addressing Radiation Damage Emitted by Communications Devices (A Comparative Study), First Edition, Arab Studies Center for Publishing and Distribution, Giza, Egypt, 2024.
15. Qadaa Abbad: Civil Liability for Environmental Damage, Dar Al-Jamiah Al-Jadeed, Alexandria, Egypt, 2016.
16. Dr. Younis Salah al-Din Ali: A Brief Explanation of the English Civil Wrongs Law, First Edition, Zain Legal Publications, Beirut, Lebanon, 2018.
Second: Iraqi Laws:
1- Civil Code No. (40) of 1951, as amended.
2- Penal Code No. (111) of 1969, as amended.
3- Minors' Care Law No. (78) of 1980.
4- Martyrs Foundation Law No. (3) of 2006, as repealed.
5- Compensation for Victims of War Operations, Military Errors, and Terrorist Operations Law No. (20) of 2009, as amended.
6- Martyrs Foundation Law No. (2) of 2016, amended by Law No. (23) of 2024.
7- Law Commemorating the Sacrifices of the Martyrs of the War Against ISIS Terrorism No. (18) of 2017.
Third: Controls:
1- Controls for exempting the families of martyrs from customs duties and registration fees when importing vehicles issued by the Martyrs Foundation on March 10, 2025.
