Challenges of human rights and citizenship in the fight against terrorism (a case study of the legal system of the United States of America and the Islamic Republic of Iran)

Abstract

The fight against terrorism to negate and destroy it, as one of the most important factors of disruption in public order, has always been at the top of the legislative and executive policies of any country. This struggle explains that the survival of every government and even the world community depends on a safe and legal environment, and to ensure it, planning and in the form of legal requirements, huge budgets and manpower must be spent. In this way, one of the most important duties of the government (principle 3) and the military and law enforcement forces (principles 143 and 150 and related laws) and intelligence (articles 1 and 5 of the law establishing the Ministry of Information of the Islamic Republic) in Iran is to fight and fight decisively and continuously. With any kind of vandalism, terrorism, insurrection, agents and movements disrupting the country's security. Based on this, it is necessary to determine the quality and elements of each terrorist and subversive act in accordance with the principle of legality of crime and punishment, so that the relevant institutions and officials exercise their authority to use legal methods and tools to ensure public order. The lack of valid laws or laws contrary to human dignity, along with double standards, has exposed the issue of human rights in the international and even national arena to serious harm. This article seeks to answer the question, "What are the strengths and weaknesses of the Iranian-American legal system in the fight against terrorism and the twin observance of human rights and citizenship"?.

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Volume 9, Issue 33 - Serial Number 33
December 2016
Pages 104-83
  • Receive Date: 28 June 2017
  • Revise Date: 22 February 2023
  • Accept Date: 19 September 2018
  • Publish Date: 19 February 2017