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.

Abass, Rehab Hashim; Mutashar, Dalal Lateef

doi:10.63677/jqlap.2025.187850

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.

https://doi.org/10.63677/jqlap.2025.187850

Volume 16, Issue: 1 part 2 / 2 - Serial Number 2
Spring 2025

Pages 181-198

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

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