Criminal protection of state institutions from military crimes of a terrorist nature

Abstract

Abstract: In light of the contemporary security challenges facing nations, this research addresses a crucial issue concerning the legal protection of state institutions against terrorist-related military crimes. The research adopts a methodological approach that combines foundational theoretical frameworks with practical applications, comprising two main, complementary sections. The first section examines and analyzes the conceptual essence of state institutions, beginning with a linguistic and terminological foundation of the term, and then tracing the historical development of the concept of institutions in political and legal thought. It also provides an in-depth analysis of modern classifications of state institutions according to contemporary constitutions, with a particular focus on the 2005 Iraqi Constitution. Furthermore, it analyzes the essential functions of these institutions and their complementary relationships, especially concerning the principle of separation of powers and their balance as formulated by modern constitutional thought. The second section reviews the detailed legal analysis of military crimes of a terrorist nature, through a careful study of the legal elements of these crimes and the penalties prescribed for them within the framework of the Iraqi Anti-Terrorism Law of 2005, with an extensive legal comparison with the Egyptian and Emirati experience in this field.