Legal protection for the victim between civil and administrative liability

2026-05-22

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The College of Law and Politics at the University of Human Development held a panel on 'Legal protection for the victim between civil liability and administrative liability: a study in light of the Iraqi Civil Law No. (40) of 1951 and the theory of risks in administrative judiciary' at the Seminar Hall on 19 May 2026.

The panellists were Lect. Rawsht Muhammed Amin from the Law Department at UHD and Dr Bilal Mahmood from Sulaimani University. They discussed the issue under the following subtopics: 'The role of administrative courts in establishing the theory of risk as a basis for administrative liability without fault' and 'Legal protection of the injured party in civil liability - a study in Iraqi civil law.'

The core argument centred on the responsibility and liability of state administrative agencies when harm is inflicted on someone while carrying out administrative activities. The idea is that there needs to be a new understanding of the responsibility and liability of state agencies concerning citizens who may suffer injuries due to the former's behaviours, whether deliberate or negligent.

Due to the expansion of public administration activities, especially after the change of the role of the state from 'guardian state' to 'intervening state' and the emergence of different types of public institutions, individuals may be harmed, and their rights and freedoms violated, at a time when administrative behaviours and actions are considered legitimate and aligned with the texts of the law and the principle of legitimacy. Hence, the need to establish public administrative responsibility based on the 'theory of risks' by compensating victims is crucial, as it establishes the principle of social justice.

It is an undeniable fact that the broader and greater the judicial protection for personal interests is, the stronger the foundations of the rule of law are; hence, the importance of judicial oversight as a guarantee for the protection of individual rights and freedoms through its role in establishing the theory of risks for the administration to be held responsible for its actions.

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