The role of legislative globalization in combating terrorist crimes

Abstract

Abstract: Terrorism is one of the most dangerous phenomena threatening international peace and security. Legislative globalization has contributed to the creation of a unified international legal framework to combat it through international agreements and protocols that have prompted states to align their national legislation with international counterterrorism standards. The research examined the impact of this globalization on national criminal legislation, particularly in Iraq, demonstrating the state\'s commitment to implementing relevant international agreements and the resulting legislative amendments, such as Anti-Money Laundering and Terrorism Financing Law No. (39) of 2015 and the Terrorist Assets Freezing Regulation No. (5) of 2016. The research analyzed the material and moral elements of terrorist crimes from a comparative legal perspective, clarifying the role of specific intent in distinguishing them from other crimes. It also addressed the jurisdiction of the International Criminal Court over terrorist crimes, indicating that the court\'s statute does not include an explicit provision that includes terrorism within its jurisdiction, which necessitates amending the statute to include it. The research also demonstrated the extent of national judicial jurisdiction to prosecute these crimes in light of the principles of territoriality and universal jurisdiction. The study concluded that legislative globalization has contributed to the unification of criminal concepts and enhanced international cooperation in combating terrorism. However, it has also posed challenges to the sovereignty of states and their national legislation. It recommended the need to align Iraqi legislation with international obligations, establish a unified legal definition of terrorism that distinguishes between terrorism as an international crime and legitimate struggle against occupation, and activate mechanisms for international judicial cooperation to prevent impunity and ensure the achievement of criminal justice. © 2023 TUJR, College of Law, Tikrit University