The Terrorist Actor Between Mental Illness and Criminal Responsibility: A Descriptive Analytical Study

Abstract

Terrorism is still one of the most serious issues affecting international peace and security, posing complex legal and psychological issues related to the criminal liability of terrorist offenders. The focus of this study is on exploring the connection between mental illnesses and criminality under Iraqi criminal law in order to assess the criminal responsibility of people with mental disorders in light of Iraqi legislation and comparative law, as well as modern psychologies. A descriptive-analytical approach was used for analyzing Iraqi anti-terrorism legislation, Iraqi penal code, international conventions, comparative legal sources and interdisciplinary studies about terrorism and mental health. The study examines the conceptual and legal definition of terrorism, the) the main causes of poverty and destitution for its commitment) its connection with mental illness and the role that plays on the crime of terrorism. The results establish that the terrorism phenomenon is not exclusively mental illness, but rather a multifactorial phenomenon, which is determined by ideological, political, social and psychological factors. While some mental illnesses may make someone vulnerable in a particular situation, they are not a reason to reduce criminal liability. According to Iraqi criminal law, the most important issue to determine criminal liability for a crime is the legal capacity, understandings and free will of the crime performer in the moment of committing offences. Based on this study, it is argued that taking a psycho-legal perspective yields an integrated perspective of terrorist behavior which would be helpful for a fair assessment from a law point of view, while also allowing for the protection of both justice and public security.