Promoting Zionist ideas as a crime against the internal security of the state

Abstract

The main purpose of enacting penal laws is to confront criminal phenomena and establish objective and procedural provisions to hold perpetrators accountable and impose a deterrent penalty on them. This penalty is determined according to the severity of the crime. It is no secret that promoting negative alien ideas is one of the topics that constitute an important and fundamental dilemma in confronting societies. Researching the topic of the Iraqi legislator's policy to confront the promotion of Zionist ideas as a crime that affects the internal security of the state is of great importance because it is one of the important and sensitive topics that greatly affect the security of the state and society as a whole. The danger of these ideas has increased after the development that occurred in the world of communication and social networking sites. Because of the loss of life and property and the terror caused by these ideas in Arab society in general and Palestinian society in particular, which aims to control the Arab land after establishing control over the occupied Palestinian land, which leads to a major disruption of the security of the state, its entity and its system, in addition to the seditions that these ideas lead to, and the truth is that these ideas were not born of the moment, but have existed since ancient times, although their emergence began when these gangs occupied Palestine, then they tried in various ways to seize all neighboring lands to achieve their spread in the Arab world and not just in Palestine. Therefore, we find that the Iraqi criminal law has become aware of the seriousness of this crime, criminalizing it in the Penal Code, and then allocating a special law to criminalize normalization with the Zionist 2022 of 1. No entity.                                                                               

    In order to clarify the details of the issue of promoting Zionist ideas as a crime against the internal security of the state, it was necessary to address it according to a plan in which we defined Zionist ideas in general, which we concluded to be (a group of ideas and opinions followed by the Zionists to justify their brutal presence in the occupied land, adopting various means of terror, exclusion and racism to distance the Palestinians from their lands). Zionism worked in various ways to spread and create the idea of   the Jews’ right to exist in the occupied Arab lands, and these ideas were not devoid of a policy of racial discrimination against the Arabs, since their greatest goal from these ideas was to reach their greater state (according to their claim), using political and religious thought in addition to the method of speculation with false theories and ideas, which leads to intellectual and civilizational pollution with the aim of controlling educational and pedagogical institutions, which clearly affected security  within the occupied Palestinian territories. In order to clarify the concept of crimes against the internal security of the state, the state usually aims to protect its basic interests, which are necessary to achieve progress and advancement. Therefore, the legislator seeks to protect these interests, and because harming the entity of the state from within has become one of the most dangerous and specific acts on the security and stability of society. Therefore, we find that the Iraqi and comparative legislators have also allocated special protection to internal state security crimes in order to achieve public order from a political, social and economic perspective. Since each crime has elements on which it is based in order to be achieved, the crime of promoting Zionist ideas has elements, including the material element, which is achieved by achieving its elements represented by criminal behavior, criminal result and causal relationship, in addition to the moral element represented by general criminal intent (knowledge and will) and special intent. The criminal behavior of this crime was not specified by the Iraqi legislator, so it is achieved in any form of criminal behavior that achieves promotion. Promotion may be verbal, written, in pictures or by publishing in the media or social media programs. As for the criminal result, it is represented by what affects the security and safety of members of society through the statements or writings circulated by the perpetrator as a result of encouraging individuals to do so regardless of the means. As for the causal relationship, this crime does not have a causal relationship because it is a crime of danger and the material element is achieved as soon as the act of promotion occurs. As for the moral element, which is represented by the general intent (it is achieved by the realization of knowledge and will (i.e. the promoter knows what he is doing to promote Zionist ideas and this act is against the law. And that the promoter has the will to promote those ideas to others freely and without coercion, as for the special intent / it is embodied by the promoter’s intention for members of society to adopt those ideas and be convinced of them .                                                                 Since every crime has a punishment, the Iraqi Penal Code No. 111 of 1969 criminalized normalization with the Zionist entity in Articles 200 and 201, in addition to that, the law criminalizing normalization with the Zionist entity No. 1 of 2022 criminalized it in Articles 6, 7 and 8 and increased the punishment for this crime due to its seriousness.