The elements of the crime of biological terrorism in Iraqi law and human rights law

Abstract

This research aims to analyze the elements of the crime of biological terrorism in Iraqi law and link them to human rights law standards and principles. The goal is to understand how national legislation addresses this highly dangerous type of crime, which threatens the rights to life, health, and collective security. The research is significant because it tackles a modern and complex subject that intersects criminal law and international human rights law. It highlights the need for precise legislation that balances protecting society with ensuring that fundamental rights and freedoms are not violated when combating this type of crime. The research employs a descriptive-analytical and comparative approach, examining Iraqi legal texts related to biological terrorism crimes and comparing them with established principles of the international human rights system. It also analyzes the extent to which punitive and preventive measures align with these principles. The research arrives at a set of findings that confirm the existence of legislative gaps in defining the legal concepts and foundations of the crime, the absence of effective oversight mechanisms to prevent the abuse of counterterrorism powers, and shortcomings in reconciling biosecurity requirements with human rights standards. This highlights the need to develop balanced national legislation that ensures the protection of the state and society from biological threats without compromising human dignity and the rule of law.