Exceptional Circumstances

Protecting National Security in Exceptional Circumstances in the Kurdistan Region and Iraq

Fakhradin Mahdi Jarjis, Weadi Sulaiman Ali

Society is not always in a state of stability; it is continuously subject to change. National security is an influenced by political, military, economic, social, and environmental factors. These changes necessitate dynamic adjustments in the state's approach to maintaining security and societal stability, requiring the adoption of a criminal policy suited to prevailing circumstances. This involves implementing appropriate legal frameworks and legislative measures to safeguard national security, especially during exceptional circumstances characterized by heightened and atypical threats. This study highlights the critical importance of national security for both society and the state, focusing on the legitimacy of legal measures enacted during exceptional circumstances. It also emphasizes the need to protect individual rights and freedoms as core components of the rule of law. The research examines terrorism as a grave crime threatening national security and individual lives, analyzing the legal frameworks and criminal justice measures employed in Iraq and the Kurdistan Region. This discussion is set within the broader context of criminal policy and penal legislation. The study further explores the legal principles that balance crime and punishment by ensuring robust legal and judicial safeguards to protect rights and freedoms. It underscores the vital role of societal oversight in monitoring state and administrative actions during exceptional circumstances, thereby mitigating the risk of power abuse and protecting legally recognized interests. Additionally, it highlights the indispensable role of individuals in upholding and guaranteeing fundamental rights and freedoms. This study concluded that there is no clear and effective criminal policy in Iraq to address the causes of the insurgency and counter threats to national security in discriminatory circumstances.