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Issue Info: 
  • Year: 

    2022
  • Volume: 

    23
  • Issue: 

    4
  • Pages: 

    113-146
Measures: 
  • Citations: 

    0
  • Views: 

    357
  • Downloads: 

    0
Abstract: 

Background and objective: Terrorism has led to the spread of violence, threats to security, negative effects on the economic, cultural, social and political dimensions of different societies, growing insecurity in the world, and as a result, the sensitivity of criminal justice activists, including the police, to this issue. In recent years, the police, with a predictive approach in the framework of criminological crime risk management, mainly are seeking to predict terrorist crime and identify high-risk variables, including people or places that are most prone to crime. Methods: The research method in this research is descriptive-analytical, the primary data of which has been collected through library sources. After analyzing the initial data, the results of the theoretical study were obtained. Accordingly, an attempt has been made to explain the issue more precisely by presenting some models. Findings: The findings of the study showed that the police with the policies of controlling terrorist crimes today are more towards forecasting through statistical and information models and in its new form through artificial intelligence. Also, high-risk groups and places, such as immigrants and crowded places, are a priority for police approaches to terrorist crimes. Results: Crime prediction and identification of dangerous terrorist variables play an effective role in identifying the context, in which the terrorist crime was committed, by the police. Accordingly, the spread of terrorist acts and, subsequently, securityism has led populist policies to influence police approaches to identifying certain variables, such as the placement of immigrants or crowded places in the group of high-risk variables. Finally, the focus of the Iranian police should be on reducing predictive approaches to forecasting and identifying terrorist threats with information and statistical methods and models that can be effective in reducing terrorist crimes.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

    25
  • Issue: 

    97
  • Pages: 

    67-93
Measures: 
  • Citations: 

    0
  • Views: 

    206
  • Downloads: 

    0
Abstract: 

Different communities with various methods of control of terrorist crimes seek to reduce the rates of crimes in order to provide security and maintain sovereignty. However, the growing of terrorist crimes and the inefficiency of the criminal justice system of different countries in this field indicates that it must be used to face this phenomenon. One of the most important preventive mechanisms in the field of terrorist crimes is social prevention, which is critical to various tools in the effort to prevent entry into terrorist activities or taking out people from the crime cycle, however, the way to implement these mechanisms is critical because these long-term measures should eventually lead to loss of crime or sustainable reduction. The prevailing belief in the perpetrators of terrorist crimes is that a terrorist is always terrorists, and for this reason, the only way to eliminate them from the cycle of crime is physical punishment such as execution or permanent imprisonment. However, the findings of cognitive studies show that the probability of success of social prevention programs on individuals is exposed to the risk of delinquency or stopping the delinquency among terrorist groups.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    21
  • Pages: 

    7-32
Measures: 
  • Citations: 

    0
  • Views: 

    99
  • Downloads: 

    15
Abstract: 

whereas many cases of terrorist crimes and terrorist financing have international dimensions, the serious and effective fight against these crimes faces two challenges: on the one hand exercising jurisdiction and choosing a qualified court on the other. It is not possible to deal with these dangerous crimes without resolving the issue of contradiction of criminal jurisdiction of countries, as well as qualification of domestic or international courts to deal with these crimes. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been collected through library study. Based on this research, it seems that for the counter-terrorism campaign and it’s financing to be more effective, accepting the principle of universal jurisdiction is necessary, and it can be a way to prevent criminals escaping, although there is no prohibition on governments using other principles of jurisdiction. In addition, resolving the issue of the qualified court for investigating these crimes is possible by relying on the existing domestic and international juridical literature. This is because, in addition to being able to take advantage of the capacity of domestic courts, governments can use the capacity of the International Criminal Court or case and regional courts to prosecute offenders and to provide global justice and security through Collaboration and under special circumstances, especially when the crime of terrorism or its financing is transnational or international.

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Author(s): 

ESMAEILI MAHDI

Issue Info: 
  • Year: 

    2016
  • Volume: 

    80
  • Issue: 

    94
  • Pages: 

    49-69
Measures: 
  • Citations: 

    0
  • Views: 

    2170
  • Downloads: 

    0
Abstract: 

Terrorism is a phenomenon that has been challenging the security of many countries throughout the history, particularly in the last decade, and inflicted irreversible losses. One of the most important plans of all countries, particularly those that are victims of the terrorism, is to punish the terrorists. According to statute of the International Criminal Court (ICC), the task of investigating this crime lies outside of the jurisdiction of ICC, and rests upon the governments. Countries that are victims of terrorism, such as Iran, use their criminal jurisdiction in an attempt to punish the perpetrators of the terrorist events. By accepting the principle of individual jurisdiction, Iran has taken important steps towards fighting against this heinous crime. The method that Iran has adopted for handling this crime is totally different from those adopted for the other crimes. This method is among the internal laws such as Iranian aviation and maritime laws.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    3
  • Issue: 

    9
  • Pages: 

    35-54
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

Maritime terrorism is as old as its history. From ancient times to the first decade of the 21st century, perpetrators of all kinds of violence, including kidnapping, sabotage and direct attacks on targets, have inhabited the high seas as well as the wider marine environment. Terrorism at sea becomes important when a significant part of the world's trade is carried out by sea. One of the challenges of dealing with terrorism at sea and the inefficiency of the means to deal with it is found in the Convention on the Law of the Sea. Therefore, security in the seas is also considered a part of this convention; But in it, the issue of maritime terrorism is not addressed separately. Therefore, terrorist crimes in the seas and the fight against them are among the issues raised in international law, especially the international law of the seas, so that the first measures in this direction also go back to the era of the League of Nations. However, this article tries to use the descriptive and analytical research method while measuring the mechanisms of dealing with crimes in the sea territory, and examines the way of dealing with and suppressing terrorist crimes. Of course, according to the concern of coastal communities and international organizations caused by maritime terrorism, a suitable solution can be proposed, which is the participation of private companies to help fight terrorism in the sea, despite the disagreement about this approach and legal basis. It acted in international law.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Namamian Peyman

Issue Info: 
  • Year: 

    2024
  • Volume: 

    5
  • Issue: 

    10
  • Pages: 

    215-233
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    10
Abstract: 

Actions such as the publication of the mass killing of journalists and the arrest of a large number of nationals of countries joining terrorist organizations and groups confirm the growing spread of ideas and recruitment of human resources in social media by terrorists. The proliferation of terrorist organizations using social media creates new challenges for online platforms, policymakers, and governments. Additionally, the popularity of social media around the world provides a huge potential audience for framing terrorist action. Unfortunately, due to the non-cooperation of the governments, control measures and police surveillance of the Internet and consequently virtual social media have failed. Therefore, the use of social media by terrorist groups is a new challenge for anti-terrorist mechanisms. Therefore, to deal with and prevent terrorist crimes in cyberspace in the form of social networks, it is necessary for international organizations, especially the United Nations and affiliated institutions, while making legal policies, to call on governments to support this matter so that the possibility of violating international peace and security. Due to the movements of terrorist groups in social networks are suppressed and pursued through international forums

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Shahideh Farhad

Issue Info: 
  • Year: 

    2023
  • Volume: 

    19
  • Issue: 

    24
  • Pages: 

    197-228
Measures: 
  • Citations: 

    0
  • Views: 

    58
  • Downloads: 

    10
Abstract: 

Today, terrorism is considered as one of the main challenges for the security of societies. By carrying out violent terrorist behaviors, terrorists actually have a high criminal capacity and talent on the one hand, and on the other hand, they have the ability to commit violent behaviors. Committing numerous terrorist crimes has caused the risk-orientating of criminal policy-makers in the field of crime control and a paradigm shift in criminal law. In other words, the dangerousness of terrorists, especially religious terrorists, has caused the suspicion of criminal policymakers and their lack of confidence in the reformation and treatment of this category of criminals. In the risk-oriented approach, the goal is to provide social defense by eliminating the perpetrators of terrorist crimes as “others” who are not “us” and are dangerous to citizens. Thus, the spread of the culture of crime control and repression under the pretext of providing security, the context of moving away from the rule-based criminal justice system and the development of the extreme form of the social defense school in the form of providing the defense of the society through dehumanization, caution and preemption and the others in various forms, such as security measures, indeterminate punishment, rehabilitation and finally post-punishment monitoring are the results of the risk-oriented approach of substantive criminal law against terrorism.

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Author(s): 

namamian peyman

Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    47
  • Pages: 

    9-36
Measures: 
  • Citations: 

    0
  • Views: 

    285
  • Downloads: 

    0
Abstract: 

Background and Purpose; Due to the dramatic developments in the world arena, unfortunately, global crime is expanding, one of the most terrible of which is the phenomenon of “ nuclear terrorism” . What is important in this regard is how to deal with this phenomenon at various national and international levels, which is significant in the three dimensions of legislation, implementation and jurisprudence; However, in these dimensions, it has not been successful in achieving its effective suppression so far, and there is a possibility of widespread dangers. findings; The access of international actors and emphatically terrorists to new technologies in the nuclear field, due to the lack of accurate and continuous con-trol and monitoring, has unfortunately created challenges and threats to peace and security in the past and even in the future of the international community. In such a situation, no government has the ability to deal with the challenges and threats posed by organized crime and the ease of access to and use of weapons of mass destruction, especially nuclear weapons, in the commission of nuclear terrorism without international cooperation with other states and international organizations. Does not have an ally; Because, basically, such threats are carried out transnationally, and the mechanism for dealing with them makes the need for measures within the framework of national and international policies and strategies even more apparent. Conclusion; Today, the main mechanism for preventing a nuclear catastrophe is the adoption and implementation of preventive and repressive strategies in the acquisition of any nuclear material or fissile material by criminal groups to build an indigenous nuclear weapon; However, in order to maximize nuclear terrorism, while dealing with it and blocking terrorist financing, effective measures must be taken by governments through a global consensus to achieve transparency in nuclear operations and the acceptance of IAEA safeguards.

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Author(s): 

Namamian Peyman

Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    7
  • Pages: 

    15-34
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

Field and Aims: One of the most important emerging threats is digital terrorist crimes, especially digital terrorist crimes against nuclear facilities that can be committed. Today, terrorist groups can expand the dimensions of their terrifying operations by using new communication technologies. These groups, using various media, especially the Internet, expose their hateful and violent messages to everyone. Therefore, to prevent threats arising from anomalies arising from the digital space, numerous documents have been approved so far, but despite the diversity of these documents in national and international systems, unfortunately, none of them has provided the opportunity to achieve a desirable situation in facing the emerging threats.Method: This research, using library resources and websites and using a descriptive-analytical method, seeks to study how to confront nuclear digital terrorist crimes, as well as to assess the achievements and legal approaches governing it.Findings and Conclusions: Reducing vulnerabilities and strengthening security and peace in the face of emerging threats and new actors and getting rid of digital terrorist crimes requires addressing future studies on the impact of the information revolution on national security, threats from the digital space, improving technical capabilities and public awareness of these threats, as well as utilizing knowledge and information in this regard. However, it seems that adopting global strategies against terrorist crimes by covering the diverse dimensions of digital terrorist crimes will create a new arena of interaction and consensus among elites to create international peace and security.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

BABAKHANI ERFAN

Issue Info: 
  • Year: 

    2023
  • Volume: 

    87
  • Issue: 

    121
  • Pages: 

    69-92
Measures: 
  • Citations: 

    0
  • Views: 

    66
  • Downloads: 

    19
Abstract: 

The phenomenon of terrorism is spreading throughout the world. It has been particularly prevalent since the beginning of the last quarter of the twentieth century. A comparative study of national and transnational criminal policy regarding the phenomenon of terrorism confirms that the dominant perspective and the governing system of criminal policies in the world, whether national or transnational, are security-oriented and have antagonist policies: thus, terrorist criminals are described as "enemies of society", "dangerous criminals" and "non-rehabilitative" and are even at the forefront of dangerous criminals. Also, they are treated based on the punitive, dissuasive, and incapacitation criminal philosophy. But it seems that the antagonist criminal policy against terrorist offenders should be reversed to establish a restorative discourse with the aim of application of restorative responses. A response to terrorism crimes should not be limited to tough penal and zero-tolerance policies. In addition to these policies and measures, promoting reintegration and rehabilitation of the perpetrators for the purpose of preventing the recidivism seems to be important and necessary. The researcher tries to defend the theory of the "possibility of restoration of anti-terrorist criminal policy" with a descriptive-analytical approach and a focus on foreign law. He introduces this theory as a necessary strategy for the legislator. The author argues that policies derived from antagonist criminal law theory are promoters of terrorism and cannot and should not become the main strategy of counter-terrorism criminal policy. Rather, the appropriate criminal strategy for dealing with terrorist crimes is to design a combined criminal policy to use a combination of restorative and criminal measures, depending on the personality and status of the terrorist offenders. In this combined approach, in parallel, it is possible to apply restorative justice programs and punitive responses to terrorist offenses at the same time. And in case of failure of the restorative response and "despairing of restorative justice", the criminal process and the punitive response can be pursued.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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