مدى فاعلية القواعد و الضمانات الإجرائية أثناء المواجهة الجزائية للإرهاب في ضوء الاتجاه الدولي الجديد

الملخص EN

The heinous crimes of terrorism cause heavy losses of lives, properties and gross violations of all human values and human rights.

Consequently, the fight against terrorism has taken on a global dimension, prompting the international community to enact new rules and adopt strict measures in that confrontation.

In the light of this confrontation and its outcomes at the internal level of the countries' legal systems, some strict measures and intrusive methods have been used by authorities around the world; and thus, in this research, attempt has been made to assess the compatibility of these measures with fair trial standards and their seriousness in securing the safety of persons who are facing criminal proceedings in the legal systems.

The study also attempts, through verification of the adequacy of the current Iraqi criminal justice process, to examine whether the approach of Iraqi legislature meets the requirements of criminal confrontation against terrorist crimes or not.

Therefore, research on this subject is important in order to arrive at the correct strategy while dealing with terrorist crimes.

In order to take into account the different aspects of the subject, the study is divided into four sections, the first dealing with the position of international law and human rights rules, the second concerned with the position of national legislation, and the third is dealing with the balance between confronting terrorism and the requirements of human rights.

Finally, the fourth section highlights the position of our Iraqi legislature.