Investigating the criminal responsibility of governments for terrorism by studying Jurisprudence and international law

Document Type : Original Article

Authors

1 Assistant Professor, Department of law, Payame noor University, Iran, PO BOX 19395-3697, Tehran, IRAN, Email: Amir.Ahmadi@pnu.ac.ir , Tel: +989183588179

2 Full professor of Fiqh and Fundamentals of Islamic Law Department, University of Tehran (Farabi Qom Campus)

Abstract

The fight against terrorism is one of the security and human rights issues of nations and governments. This security problem has affected all countries, large and small. The fight against terrorism and terrorist groups and the denial of any support and interaction with them is emphasized by international laws and regulations. Any country that directly or indirectly commits a terrorist crime has criminal and civil liability under international conventions and existing conditions. The purpose of this article is to investigate the criminal responsibility of governments for terrorism as a phenomenon in human rights violations by examining international documents and highlighting the shortcomings in this area. This research has been written by studying books, articles and international documents in the field of criminal responsibility of governments in the phenomenon of terrorism and human rights violations by descriptive and analytical methods. From research, it can be concluded that in international documents, the criminal liability of governments should be seriously pursued in addition to the criminal liability of natural persons who have committed a terrorist crime. Because if this issue is not taken into account, a large number of innocent people will be killed and assassinated, and a lot of damage will be left, as well as world order, peace and security, and hostile and terrorist countries will be acquitted of criminal responsibility.

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History

  • Receive Date: 12 September 2023
  • Revise Date: 30 April 2025
  • Accept Date: 29 April 2024

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