Legislative Measures to Confront Cyber Terrorism in Iraq: An Overview Universiti Kebangsaan Malaysia (UKM)

Abstract

The proliferation of access to information, led to technological development that has both positive and negative impact on society. Terrorism exploited this technology and utilized it to spread ideology, develop terrorist mechanisms while expanding terrorist influence through cyberspace around the world. Iraq has been a major breeding ground for terrorist activities and cyber terrorism has become widespread in the country and across the globe. Yet, there is the absence of specific legal text to confront the menace.  This research aims to assess the Iraqi legal measures in confronting cyber terrorism. Analysis of the existing legal framework in Iraq was done. Using a qualitative empirical research, 11 informants 7 of which are Iraqi Judges were interviewed through face-to-face semi-structured interview to ascertain how the Iraqi courts confront cyber terrorism. It was discovered that there is no provision on cyber terrorism in any of the Iraqi region’s legislations and the provisions in the Kurdistan Region’s cyber-Terror la are not sufficient to confront cyber terrorism crime. Therefore, the Iraqi courts rely solely on the general principles of criminal legitimacy to confront cyber terrorism. Doing so prejudices the principle of criminal legitimacy and granting judgments that are not commensurate with the crime. Therefore, this research suggest the development of robust legislation on cyber terrorism to minimize cyber terrorism crime in Iraq.