The Trajectory of International and National Anti‐Terrorism Laws: An Appraisal of Counter‐terrorism Legislation in Kurdistan, Iraq

Abstract

Terrorism is not a new phenomenon. Nevertheless, since September 11, 2001, it appears that there has been a global consensus on the need for a more uniform and comprehensive response to terrorism. Thus, countries develop their counter‐terrorism strategy that comprises different approaches, including using the criminal justice system. The criminal justice response to terrorism covers special legislation, strategies, policies, investigation, prosecution, and sentencing. To combat terrorism and improve the criminal justice system in response to existing threats of terrorism, KRI legislated a special anti‐terrorism law. This paper investigates the trajectory of international and national terrorism law in the Kurdistan Region of Iraq (KRI). Accordingly, this research was set to examine international and national terrorism law critically. The focus is placed on the Anti‐terrorism Act No. 3 of 2006, emphasizing the principle of legality. As such, this paper adopted the doctrinal legal methodology that utilized qualitative techniques in analyzing the secondary data. The gathered information and data were then analyzed thematically. Based on the legal analysis, this study found that local circumstances and international pressure influence the trajectory of the counter‐terrorism laws in KRI. The absence of uniformity in the definition indicates the complexity of conceptualizing the phenomenon. The KRI anti‐terrorism law did not define international terrorism and may affect the principle of legality in counter‐terrorism strategy. Consequently, the study will benefit law, security, and international relations researchers. It serves as a basis for future empirical research examining the effects of anti‐terrorism laws in KRI or other jurisdictions.