|أحمد فاضل محمّد الصفّار||إلتزام السّلطات الإتّحادّية بمكافحة الإرهاب دراسة دستوريّة مقارنة في ضوء دستور جمهوريّة العراق لسنة 2005 م||الدكتوراه فلسفة في القانون العام|
The issue of terrorism is of the most dangerous threats that encounter the countries of the world and Iraq has been amongst the most targeted states and under the siege of terrorism which is now extending to contain all of its surrounding areas where it has reap multitudes of the souls of its individuals and exhausted enormous amounts of its resources since a number of years ago and people are still heaving under its heavy burden up to the presents time .
The seriousness of the terrorist challenge has left its gloomy shadows over the constitutional and lawful texts in different countries especially those which concern the legislative system of Iraq. The Iraqi legislator has applied earnest concern to the cause of terrorism and obligated the state to fight against it .
The item of (7,secondly) has affirmed that : ” The state will bind itself to launch a war against terrorism in all its forms … Besides, it does not restrict itself to that item only but rather affirmed that the Iraqi constitution has included within its folds, starting from the very prelude and passing through its numerous texts, complete commitment of the state to combat terrorism and eradicate it.
Based on that, the purpose of the research lies in confirming that the constitution of the Republic of Iraq of 2005 has provided a sufficient foundation for federal authorities to perform their constitutional commitment to combat terrorism by way of a number of images and instruments through direct texts which aim at banning terrorist entities and activities from being practiced in the state on the one hand and authorize security forces and state authorities to do their best in confronting terrorism and totally uprooting it from Iraq . The research also aims at demonstrating the responsibility of the federal organizations in case officials violate their constitutional commitments as regards terrorism for the sake of granting the necessary security which are often liable to be violated or disrespected due to recurrent terrorist acts .
Building on the foregoing, the research is formed of four chapters specified to state the commitment of the federal organizations in the process of eradicating terrorism in the countries under study which are afflicted with terrorist acts. The first chapter deals with the study of the basis of the obligation to be held by every federal authority engaged in the eradication of terrorism and stating that the main reason for that is not restricted to the constitution only but it extends to include the international and legislative basis, too . Besides, intense light is thrown upon the nature of the commitment as well as affirming that it is obliged to eradicate terrorism in an effective and perfect way; otherwise, it will be exposed to hold responsibility whereas the second chapter has undertaken the task of demonstrating the extent of the legislative authority in combating terrorism by means of its different specializations and its responsibility in case of their shortcomings in performing this obligation . But the third chapter has devoted its speech over the commitment of the executive authority within this domain and stating details about the role to be played be every president of a country and his ministerial cabinet including the prime minister of the cabinet and the ministers especially the security aspect in one in the event of violating the performance of his constitutional commitment . As for chapter four, intense light has been thrown on the commitment of the executive authority in this regard .