Military Crimes Against National Security in Iranian and Iraqi Law
Keywords:
Crimes, Security, Military, Iranian Criminal Law, Iraqi Criminal LawAbstract
Military crimes against national security in the laws of Iran and Iraq have various legal, material, and moral elements. The criminalization of such crimes in Iranian law is stipulated in the Islamic Penal Code and the Law on the Crimes of the Armed Forces, while in Iraqi law it is codified in the Iraqi Penal Code enacted in 1969. Accordingly, military crimes against national security constitute one of the highly significant subjects that can be examined in various instances. Regarding the foundations of criminalization of military crimes in Iranian and Iraqi law, various jurisprudential, legal, and criminological bases have been adopted, which reveal both commonalities and differences. Therefore, the present study aims to conduct a comparative analysis of military crimes against national security in the laws of Iran and Iraq, using an analytical–descriptive and comparative method. The findings indicate that, despite certain similarities, military crimes against national security in Iran and Iraq differ in some conditions, elements, foundations, consequences, scope of criminalization, and instances.
References
Ardabili, M. (2003). General Criminal Law, Vol. 1. Mizan Publications.
Barahouei, S. (2016). A Review of the Jurisdiction of the Judicial Organization of the Armed Forces. Journal of Judicial Procedure(38).
Habibzadeh, M. J. (2010). Legal Thoughts (1): A Collection of Special Criminal Law Articles. Negah-e Bineh Publications.
Jazayeri, A. (2015). Judicial Security in Iranian Criminal Law and the Jurisprudence of the European Court of Human Rights. Saman Danesh Publications.
Kamal, A. (1998). The Soul and Its Emotions, Vol. 1. Dar al-Arabiya lil-Tibaa.
Khaleghi, A. (2018). Notes on the Criminal Procedure Code. Shahre Danesh Publications.
Madihi Tameh, M. (2021). A Comparative Study of Death Penalty Crimes in Iranian and Iraqi Criminal Law. Quarterly Journal of Comparative Criminal Jurisprudence, 1(3).
Mazaheri, A. (2019). The Place of Crimes against Security in Iran's Criminal Policy (Examples: Espionage, Entry into Prohibited Places, Propaganda against the Regime, and Bombing). Quarterly Journal of Political Science, Law, and Jurisprudence Studies, 5(1).
Mirmohammad Sadeghi, H. (2009). Crimes against Public Security and Order. Mizan Publications.
Peymani, Z. (2011). Special Criminal Law: Crimes against Public Security and Order. Mizan Publications.
Rabiei, A. (2021). Iraq's Penal Code of 1969 with Later Amendments. Majma'-e Elmi va Farhangi-ye Majd.
Rahmdel, M. (2020). Espionage and Treason against the Country. International Law Research Journal, 8(28).
Sadrat, A. (1961). Criminal Law and Criminology. Kanoon-e Ma'refat.
Shakeri, Y., Salehi, A., & Rezaei, G. (2021). Iran's Criminal Policy Regarding Military Crimes. Police Criminology Research Quarterly, 2(4).
Shambayati, H. (2018). Special Criminal Law. Majd Publications.
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Copyright (c) 2025 Ahmad Hossein Ali Hossein Al-Rakabi, Masoud Heidari, Samah Hussein Ali, Mahmoud Ashrafi (Author)
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