Distinguishing Terrorist Crime from Organized Crime Under Iraqi and Jordanian Legislation: A Comparative Study of Legal Characterization Criteria and the Effects of Their Overlap

Abstract

This study examines the legal distinction between terrorist crime and organized crime under Iraqi and Jordanian legislation by analyzing the criteria governing legal characterization and the effects of their overlap on criminal classification and the resulting legal consequences. The importance of the study arises from similarities in certain organizational characteristics and criminal methods employed by terrorist groups and organized criminal groups, particularly continuity, division of roles, secrecy, and the use of violence, as well as the increasing forms of cooperation between them in terrorist financing, money laundering, and trafficking. The study addresses the question of whether the legal provisions and criteria adopted in Iraq and Jordan are sufficient to distinguish between the two crimes, especially in complex cases involving overlapping elements of terrorism and organized crime. It adopts an analytical and comparative methodology based on examining relevant Iraqi and Jordanian legislation, reviewing legal scholarship and academic studies, and considering relevant international and regional frameworks.

The study concludes that criminal purpose and specific intent, within the limits prescribed by the applicable legal provisions, constitute among the principal substantive criteria for distinguishing terrorist crime from organized crime. Terrorist crime is associated with threatening security or stability, spreading terror, or pursuing legally defined terrorist objectives, whereas organized crime generally seeks unlawful financial or material gain. Organizational structure, continuity, methods of commission, and scope of impact remain complementary criteria that do not, in most cases, independently determine legal characterization. The comparative analysis also reveals legislative deficiencies in addressing overlapping offences and multiple legal classifications, requiring clearer rules governing characterization, jurisdiction, criminal liability, and evidence.