Protection and compensation for victims of terrorism in international law and Iraqi law

Abstract

Abstract: The basic principle in compensation for damages caused by crime is that the criminal, as the cause of the loss, is responsible for compensating the damages. But in some crimes, including terrorist crimes, for reasons such as the lack of identification of terrorist groups, the lack of sufficient evidence, the inability to attribute the crime and many other reasons, and for this reason the government put forward the idea of compensation to support these victims. And since the government is committed to maintaining order and protecting the rights of members of society, and on the other hand, the occurrence of terrorist crimes is evidence of the inefficiency of the security tools of society, and as a result, the allocation of a large area of budget resources to cover the damages caused to these victims by the government is a measure to restore lost rights With regard to the idea of the government's commitment to compensation for terrorist crimes, we see that the Iraqi legislator approved it only in the Compensation for Terrorist Acts Law No. 10 of 2004 and in the Law of Compensation for Those Affected by War Operations, Military Mistakes and Terrorist Operations No. 20 of 2009 and its amendments, and compensation was determined on the basis of social responsibility . In view of the social and precautionary nature of the government's obligation to compensate, the Compensation Law stipulates a number of conditions related to the crime, the damage caused and the person entitled to compensation.