جريمة إثارة الحرب الأهلية و الاقتتال الطائفي : دراسة تحليلية قانونية

الملخص EN

The Crime of Invoking Civil War or Sectarian Fight The crime of invoking civil war or sectarian fight is one of the most dangerous crimes that devastates the internal security of states and their stability.

Therefore most penalty laws of states approved those punishment laws Similarly The Iraqi Criminal Law incriminates these crimes in Article 195.

The Law of The Iraqi Court of Terrorism in has approved it in Item 4 of article 2.

The Iraqi legislator explained that this crime has many forms and it occurs whenever committed.

And the law does not demand that this crime should be committed altogether to raise the criminal liability against its actor, The law also clarifies that this crime is committed in many shapes such as arming citizens, urging them to arm each other or evoking them to fight with each other, and here the criminal legislator associates the material element which is the weapon and the criminal, by using the weapon, the criminal, seeks for achieving a certain goal specified particularly as breaking out a civil war or a sectarian fight.

In addition the criminal law does not demand the real occurrence of what the criminal wants, because the punishment will be applied on him even if what he wants does not occur.

But if what he evokes to occur or he arms certain groups of individuals, this will affect the level of penalty which may reach to the highest level; execution.

The law specifies judgments which concerns exemption of penalty.

The crime of invoking civil war or sectarian Fight has its own judgments which the law specifies along with some crimes concerning the internal security of a state.

This becomes clear when we notice that it is excluded from the principle of the territory of the criminal law and make it, besides other crimes concerning the internal and the external security of a state and some other crimes mentioned in the law, subject to the application of some certain Judgments as exceptions from the general principles applications of the penal law.

On the other hand; the law does not stick to its applications concerning the indirect criminal contributors of such crime, instead of that special applications are legislated.

It has become clear that this crime is one of the most dangerous crimes, which the legislators of the law realize, that affects on the safety of the humanitarian societies and their stabilities.

In our society has characterized for ages to what we witness these days as threatening and actual attempts for breaking out wars and civil fight in our dearest country then dividing the society into conflicting classes by which the national unity of the people, cohesion and historical harmony that.