Structure of Military Courts in Crimes Against Security in the Criminal Justice Systems of Iran and Iraq

Abstract

Security is one of the most fundamental values and concerns for all countries and legal systems. The undeniable importance of security for contemporary human societies has led all legal frameworks to criminalize behaviors that, in any way, compromise the sustainable security of society and expose it to threat and danger. Such behaviors are often met with punishments that are relatively more severe and stringent than those applied to other offenses. National security and sovereignty have always been paramount values for nations. Despite modern efforts to establish a form of supranational federalism, governments today consider the protection of internal and external security among their most critical responsibilities and obligations. A portion of this protective role is delegated to the criminal justice system, which fulfills this mandate through the criminalization of military offenses against national security. Given the value historically placed on sovereignty and security by various nations and in light of the rulers’ consistent efforts to maintain their power and authority—and the dangers that military crimes against security may pose to their sovereignty and independence—strict regulations concerning military offenses against security have long existed in nearly all nations. Some scholars even argue that such regulations precede those related to other crimes and general criminal law in terms of historical development. Accordingly, any action that in some way targets the foundations and structure of state sovereignty and tarnishes security, sovereignty, and public order has been considered a crime against sovereignty and security and has typically been met with harsh punishments. In both Iran and Iraq, the criminal procedure governing military crimes against security is rigorous, characterized by the application of strict sanctions and, in many cases, the exclusion of lenient, mitigating, or discretionary legal mechanisms and institutions.