إشكالية الاختصاص المشترك في إعلان الحرب بين طرفي السلطة التنفيذية وفقاً لدستور العراق لعام 2005 "دراسة مقارنة "

Abstract

The research study dealt with the joint jurisdiction to declare war between the two sides of the executive authority in accordance with the Iraqi Constitution of 2005. The concept of declaring war was addressed, by defining war and determining when war is legitimate. The declaration of war and the necessity of declaring war was defined, and the legal basis for declaring war was explained, whether At the international level, or at the internal level, or in terms of national constitutions, the constitutional organization of the jurisdiction to declare war was then discussed through a comparison between the constitutions of (Britain, the Arab Republic of Egypt, and Lebanon), and the Constitution of the Republic of Iraq of 2005, and it was concluded that the Iraqi constitution is unique from the rest. Comparative Constitutions in its involvement of the heads of the executive authority in submitting the request, as the constitutions of countries usually grant the request in declaring war to the Commander-in-Chief of the Armed Forces (the Prime Minister), because he is the one who has the reins of affairs and has the final say in moving them. In addition to that, he is aware of The conditions of these forces, and the extent of their readiness and readiness for such a dangerous mission, and that he is the one who bears full responsibility for their actions, and the Iraqi constitutional legislator did not address this issue in a manner that is compatible, with war being considered a case of applying exceptional circumstances.