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Criminal Justice for Combating Terrorism - Majed Al-Zamili - 2018 - Dar Al-Farabi
JOD
Get it by 5 Aug | Order in 5 Hours 12 Minutes
Terrorism is considered a criminal phenomenon or a behavior that deviates from the prevailing social norms. This is based on the premise that criminal behavior is not just an act criminalized by law, but an act committed by a person living in a specific environment and society, thus making it a deviant social behavior. Therefore, studying the causes and motives of terrorism provides an explanation for this phenomenon. This explanation aligns with the general interpretation of criminal phenomena, as crime stems from numerous, diverse, intertwined, and complex sources.
Terrorism is not confined to one country or a specific region; it strikes everywhere, using all possible weapons and benefiting greatly from scientific advancements in technology and communications. The phenomenon of terrorism is not merely a legal concept but a political and social reality in many countries, drawing its source from the core concepts prevailing in the society it inhabits.
From a criminal justice perspective, counter-terrorism policies and laws based on human rights help enhance the prosecution and conviction of individuals involved in terrorist acts in accordance with legally established procedures. They also help ensure the consistency and non-contradiction of legal texts applied by various national courts, which facilitates international cooperation. Conversely, leniency on human rights issues leads to the erosion of the rule of law and undermines the effectiveness of any counter-terrorism measure.
Just as society is concerned with punishing and retaliating against the accused if the crime is proven, it is also concerned that an innocent person is not punished. Therefore, when organizing criminal procedures—in a state of law—the interests of society, its protection from crime, and the limitation of its escalation must be balanced with the rights and freedoms of individuals. When this balance is achieved, the conflict between the state's right to punish and the accused's right to individual freedom becomes a superficial one, representing two sides of the same coin.