جستجوی مقالات مرتبط با کلیدواژه « گروه های تروریستی » در نشریات گروه « فقه و حقوق »

This research was conducted with the aim of analyzing the experiences of organizational experts about various obstacles and challenges of inter-organizational interactions and communications between the police and the country's intelligence and security community in order to deal with terrorist groups.

This research is qualitative and phenomenological in nature. Sampling was done in a purposeful way and the participants were selected based on the rule of theoretical saturation, 10 experts and experts related to terrorist groups and police inter-organizational communication were selected. Content analysis method was used to analyze the data. The research tool is a semi-structured interview, which includes open-ended questions. To measure validity and reliability, the prepared content was provided to two experts, and the opinions provided about the interview were applied, and participants were helped in analyzing and interpreting the data. became.

The findings of this research consisted of 50 simple concepts, of which 37 concepts were related to the challenges and obstacles of inter-organizational interaction, and in the next stages, these concepts were categorized in the form of 7 general concepts. The results indicate that the main challenges of the police interaction with the responsible agencies in dealing with terrorist groups are: the multiplicity and contradiction of upstream documents; lack of centralization of information management; Weakness in the efficiency of decision-making institutions; Guarantee of implementation of approvals; inconsistency in the field of action; Interactive culture and attitude and information and knowledge sharing.

The attribution of actions by terrorist groups to states is a controversial and important issue that has undermined international peace and security. The author has conducted a descriptive-analytical study on this subject using library research methods. The results show that between the two theories of overall and effective control the former provides a much better basis regarding the responsibility of states for supporting terrorist groups. The theory of overall control was established by the ICTY’s Appeals Chamber in the Tadic case, which argued that the effective control criterion provided by the International Court of Justice was contrary to the logic of state responsibility. Of course, the theory of overall control is facing challenges in terms of explaining the attribution of terrorist groups to states. Firstly the relationship between supporting states and terrorist groups such as ISIS is so complicated that it is not easy to examine the extent to which governments support such groups, as they try to keep their ties to these groups completely secret. Secondly, in some cases even overall control over terrorist groups such as ISIS does not exist. In other words, despite the fact that these groups are supported by states, they operate independently. In addition, there is no unified case law in this regard, and this makes it difficult to attribute the activities of terrorist groups to states.

Terrorism or terrorist activities is a modern phenomena which has caused the most social and political upheavals both internally and internationally. This phenomenon has also been used by the super powers as an excuse for armed conflicts in the form of wars. From this point of view, terrorism is an economic, social and cultural syndrome against which some kind of reaction is a must. Another approach towards terrorism is regarding it as political means inter alia with other means that can be used by the political powers and groups for achieving their goals. Both viewpoints have been considered in the present article so that the nature of terrorism as a syndrome or as means to an end may be clarified.

International regulations and procedures confirmed two main points; a comprehensive fight against terrorism and prohibition of any interaction with terrorist groups. But nowadays, some political necessities have caused states’ extensive interaction with terrorist groups behind the scenes. This is a driving factor in recognizing the responsibility of states for their roles and responsibilities in the international society against other actors. In this research, in addition to analysis the theoretical foundation of responsibility of legal persons (states leaders), we have briefly overviewed general responsibilities of states with the respect to terrorism phenomenon, and viewed the supplementary and specific responsibilities of states in the form of the doctrine of responsibility to protect against other actors of international relations. Considering the threat of these groups to international peace and security and international prohibitions, we have also reviewed moral and material supports of terrorism by some leaders and states. This situation made us to understand criminal responsibility of leaders considering all the existing restrictions, and the ability of authentication of their criminal liability and the design of this responsibility for crimes against humanity and war crimes that are available in Articles 7 and 8 of the Statute of the International Criminal Court.