الحماية القانونية للمقابر الجماعية دراسة في القانون العراقي

Abstract

Mass graves are one of the most serious crimes of genocide. They have not excluded any one
of our people, but rather all of them, in which they do not violate one right and legal rules, but
several rights and legal norms, foremost of which is the human right to life and the right of
private life, which are considered fundamental human rights .
The purpose of this research is to identify the concept of the mass grave, and also to analyze
and discuss some articles of the Law on the Mass Graves No. 13 for the year 2015 in order to
identify the main flaws that led in one way or another to prevent application of this law on the
ground.
There is no doubt that the assault on the sanctity of the mass grave by tampering with it or by
indiscriminate evasion violates the right of the deceased to find their relatives, as well as the
evidence that leads to the criminal and hides the crime. This is the case of liability and this
responsibility is known, thus liability arising from breach of a previous legal obligation. The
breach of a right respected and protected by the law and recognized, will be arranged by the
liability based on the wrongful act, intentional or inflicting infringement of any damage that
requires compensation and requires the availability of three elements, error, damage, causal
relationship between error and damage.
Through this research, we have reached several recommendations. The most important of
these are the Law on the Protection of Mass Graves, which does not include provisions for the
civil protection of those affected, in particular the procedures and mechanisms for claiming
compensation. Therefore, we proposed to the Iraqi legislator to add one or more articles for the
civil protection of mass graves so that the victim has the right to cause a person to tamper with
and sabotage the mass graves by filing a civil suit to claim compensation for the damage he
suffered as a result of the fact that compensation is the most important effect of civil liability -
The failure of mass graves.
It is also noted that the laws of the Kurdistan Region, the subject of research is characterized
by many shortcomings, and therefore lacks the provisions of the laws of the territory on the
issue of the organization of mass graves. It is incumbent on the legislator of Kurdistan to address
this deficiency and avoid it when amending these laws. The Kurdish legislator is also called upon
to issue a law for the protection of mass graves in the region or to enforce the law on the
protection of mass graves No. 13 of 2015 in the Region