COLLECTIVE MECHANISMS TO COMPENSATE VICTIMS OF TERRORIST CRIMES

Q2 Social Sciences Russian Law Journal Pub Date : 2023-06-15 DOI:10.52783/rlj.v11i3.2185
Qutaiba Sulaiman Hameed ALBORISHA, AHMED MUSTAFA ALI
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Abstract

Today, the world is witnessing an unparalleled escalation in terrorist operations, in which civilians of all ages are often victims, and perhaps what Iraq witnessed in the recent period of terrorist operations carried out by ISIS and accepted by al-Qaeda is the best evidence of that, so in the absence of ability The perpetrators of these crimes must pay compensation for many reasons. Either because the perpetrator of these crimes is unknown or has been killed, the primary responsibility for compensation lies with the state, as it is obligated to compensate the victims for the damage they sustained as a result of terrorist operations, and we have indicated in this letter To the issue of the state’s responsibility in compensation and its amount, as well as to address the collective mechanisms of compensation(Insurance and Guarantee Funds), which we focused on in an integrated chapter, and which we call on the Iraqi legislator to explicitly adopt them by stipulating them in the laws because these mechanisms have a very important role in compensating the victims of terrorist crimes as they urgently replace the perpetrator of the crime in the face of the victim and this is limited The same constitutes an important guarantee in ensuring compensation for those affected by terrorist crimes.
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补偿恐怖主义犯罪受害者的集体机制
今天,世界正目睹恐怖主义行动空前升级,各个年龄段的平民往往是受害者,也许伊拉克在最近一段由ISIS实施并被基地组织接受的恐怖主义行动中所目睹的就是最好的证据,因此,在缺乏能力的情况下,这些罪行的肇事者必须出于多种原因支付赔偿。无论是因为这些罪行的肇事者不为人知,还是已经被杀害,赔偿的主要责任在于国家,因为国家有义务赔偿受害者因恐怖行动而遭受的损失,以及我们在综合章节中重点讨论的集体赔偿机制(保险和担保基金),我们呼吁伊拉克立法者通过在法律中规定这些机制来明确通过这些机制,因为这些机制在赔偿恐怖主义罪行的受害者方面发挥着非常重要的作用,因为它们在受害者面前紧急取代犯罪者,而这是有限的恐怖主义犯罪。
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期刊介绍: The Russian Law Journal is one of the first academic legal journals in English to be published in Russia. Our goal is to provide scholars worldwide with comparative papers on recent legal developments not only in Russia, but also in Eurasia, other jurisdictions and on the international level. The idea to establish this journal belongs to the following scholars of Moscow State Lomonosov University Law Faculty: Gleb Bogush, Nataliya Bocharova, Dmitry and Anastasia Maleshin and Sergei Tretyakov. We want to bring the Russian academic legal tradition closer to the international environment and make Russian legal scholarship more accessible to other scholars and well-known worldwide.
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