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The Legal Nature of the Crime of Exceeding Freedom of Expression that Threatens National Security in Anti-Terrorism Law and the Justification for Its Criminalization: A Comparative Study. | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 11, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 181-198 PDF (861.64 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.187850 | ||
| Authors | ||
| Rehab Hashim Abass* ; dalal Lateef Mutashar | ||
| University Of Kufa/ College of Law | ||
| Abstract | ||
| Freedom of expression is one of the rights guaranteed by the Iraqi Constitution of 2005 for individuals, as stipulated in Article 38 of the Constitution (2005), which states: "The state shall guarantee, without violating public order and morals, the following: First: Freedom of expression by all means. Second: Freedom of the press, printing, advertising, media, and publishing." However, this freedom is not absolute but is restricted according to the limits of the law. If an individual exceeds the boundaries of this freedom, particularly in issues affecting the security of the state, as this is the subject of our study, then the individual, from a legal perspective, is considered to have committed a crime of exceeding the limits of freedom of expression that endanger state security. This can be defined as: "The crime that occurs when an individual exceeds the legal boundaries as practicing the right to freedom of expression, whether by speech, writing, or gesture, with the intent to harm state security, such as inciting sectarian strife or promoting or advocating for actions that harm state security." Regarding the legal foundation for this crime in Iraqi legislation, it is addressed in the Iraqi Anti-Terrorism Law No. 13 of 2005, in the last part of Article (3/1), | ||
| Keywords | ||
| Crime of exceeding freedom of expression; endangering state security; legal nature of the crime; protection of freedom of expression; protection of national unity | ||
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