Conflict between Iraqi and international criminal laws regarding the crime of kidnapping (a comparative study)

Abstract

The objective of the topic of the conflict of Iraqi and international criminal laws in confronting the crime of kidnapping, its international criminal dimensions, and the role of some major countries in obstructing or hindering the implementation of international justice through their control over many aspects of international legitimacy. In this research, we examine the motives behind the crime of kidnapping, which vary due to the nature of this crime. We also examine the foundations, characteristics, and elements of the crime of kidnapping, as the crime of kidnapping is considered a serious and influential criminal act, which involves the perpetrator deliberately transporting the kidnapped person away from his family and place of origin to another location with the aim of keeping him under close surveillance. Furthermore, we identify the foundations for resolving international and Iraqi criminal legal conflicts to address the crime of kidnapping. We find that international agreements address the crimes of kidnapping, both public and private. Kidnapping crimes are no longer limited to ordinary persons, but also include internationally protected persons, including diplomatic personnel. Such operations initially appeared in Latin America and then spread to the rest of the world, leading to: Given the nature of the crime of kidnapping in Iraqi and international criminal law, we find that the scope of the crime of international kidnapping is an attack on international interests, infringing on the rules of international law, and thus harming the international community. This study also identifies the criminal nature and personal basis of the crime of kidnapping, as well as the provisions and effects of the conflict of laws in Iraq and international law regarding the crime of kidnapping. It also identifies the distinctions between crimes related to the crime of kidnapping, both domestically and internationally, by defining the crime of bodily harm, the crime of enforced disappearance, and the crime of aircraft hijacking and their causes.