The legal description of the tribal crime of Al-Dakah

Abstract

This research examines the crime of tribal intimidation, which is fundamentally a form of assault and intimidation, even a terrorist act. However, the Iraqi judiciary previously classified it as a crime of intimidation, particularly under Article (430/1) of the Iraqi Penal Code. The evolution of this phenomenon and its expanding negative impact on public safety have recently led judicial and legislative authorities to classify it, in some cases, as a terrorist crime, given that it involves acts of intimidation and terrorizing people and threatens public safety and peace, thus making it a genuine source of danger to society. This research aims to clarify the nature of the tribal attack crime, its elements, and its punishment, and to analyze its legal classification in light of Iraqi legislation, particularly the Penal Code and the Counter-Terrorism Law No. (13) of 2005. It also aims to highlight the necessity of increasing penalties for perpetrators of these acts due to their disruption of public order, as well as to emphasize the importance of individuals resorting to state institutions and the judiciary to obtain their rights, rather than resorting to tribal methods that reinforce the logic of force and the "law of the jungle." Tribal attacks are a customary practice still used in some areas of Iraq as a means of resolving disputes or sending threatening messages to opposing parties. They often involve a mass shooting at someone's house with the intent to threaten or insult, without direct intent to kill. However, this act frequently entails serious risks that may lead to loss of life or cause material and psychological harm to the victims. This behavior has sparked legal debate regarding its correct legal classification: is it merely a threat under Article (430/1) of the Iraqi Penal Code, or does it fall under the scope of terrorist acts stipulated in Article (4) of the Counter-Terrorism Law No. (13) of 2005? Our research has yielded several findings and recommendations, most notably the necessity of classifying certain forms of tribal intimidation as terrorist acts whenever they involve terrorizing society and spreading fear among citizens. Furthermore, it is crucial to strengthen the state's role in enforcing the rule of law, impose stricter deterrent penalties, and raise legal awareness to curb this phenomenon, which poses a genuine challenge to community security and the rule of law.