The Role of Criminal Law in Combating Terrorism and Its Impact on Security Policies

Authors

    Sadegh Navidi * Master of Public Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran Navidi_s@nicico.com

Keywords:

Terrorism, Criminal Law, National Security, Security Policies

Abstract

Terrorism has been one of the fundamental challenges to national and international security in recent decades, and confronting it has become a serious concern for governments. In this regard, criminal law, as one of the legal instruments for combating terrorism, plays a significant role in addressing this phenomenon. Although the primary function of criminal law is to punish offenders and maintain social order, the political and complex nature of terrorism can distance this field from its fundamental principles, such as justice, equality, and legality, thereby exposing it to potential political misuse. Nevertheless, compared to alternatives such as war or purely security-based measures, criminal law is considered a more legitimate and effective option due to its legal characteristics, procedural transparency, and adherence to human rights. This legal tool can also provide a framework for better coordination of security policies with democratic principles. Accordingly, the optimal strategy for combating terrorism is to establish a comprehensive and multilayered approach in which criminal law is employed alongside other political, security, cultural, and economic instruments, ensuring that public security is preserved while preventing violations of fundamental legal principles and civil liberties.

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Published

2024-08-22

Submitted

2024-05-11

Revised

2024-07-30

Accepted

2024-08-11

Issue

Section

مقالات

How to Cite

Navidi, S. (1403). The Role of Criminal Law in Combating Terrorism and Its Impact on Security Policies. The Encyclopedia of Comparative Jurisprudence and Law, 2(2), 67-88. https://jecjl.com/index.php/jecjl/article/view/324

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