The rights and protection of victims of terrorist action in Iraq law under criminal law
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Abstract (EN)
Man's life is the most precious thing he has, and the safety of his body is the basis of his life. A person must have a strong body and sound organs in order to fulfill his duty towards society. However, terrorist acts cause tens of people to die in each explosion, while those who are injured experience full or partial disability. In addition, terrorist acts damage public and private property. Therefore, it is not surprising that the importance of receiving compensation for those who have been harmed by terrorist acts has an important place in Islamic law and legislation, both at the domestic and international level. When a terrorist crime (terrorist act) occurs, it is a known fact that two rights emerge. The first right is the public right that the state imposes on the perpetrator, that is, the right to punishment. The second right is the private right and includes the right of the injured person or the victim of the crime to demand compensation. This right is limited to the prohibition of those who have suffered from terrorist acts to claim compensation for such cases before the courts. This is a stance of the laws of most countries and the majority, including Iraq. In this case, it is prevented that the victims of terrorist acts are positioned as litigants and parties in the case. We explained what reparations are and the methods applied in terrorist acts before, and we called them "pecuniary and non-pecuniary damages" and we realized that most laws stipulate compensation to the victims of terrorist acts. In addition, this study is based on the analysis of the presented idea based on the analytical method and its discussion in the light of appropriate opinions. These analyzes were evaluated based on the relevant legal texts. In this context, attention was drawn to Law No. 20, which was amended in 2009, and it was examined whether these laws addressed the compensation of victims of terrorism by the state and whether this compensation was full or partial. The researcher concluded that the injured party of terrorism has no other option before the responsible person, which is determined only by the rules of civil liability, for the compensation of the damage he has suffered. The injured must bear the damages alone, and society does not play a role in reparation. Likewise, if the injured party cannot prove fault or fault, or if the person responsible is financially incapable, compensation for damages is limited only to the relationship between the injured and the responsible. Keywords: Liability, Acts of Terrorism, Compensation, Damage, Iraq Law
Author
Alı Mohammed Sakran Sakran
How to Cite
Alı Mohammed Sakran Sakran (Master Thesis). The rights and protection of victims of terrorist action in Iraq law under criminal law, 2023, Ankara University.
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