اجتماعية المسؤولية كمبدأ جديد لتعويض ضحايا الإرهاب دراسة قانونية

Abstract

       Some laws carrying the state to compensate the victims of terrorism on the basis of the idea of ​​liability without fault, because the injured may not getting compensation from the offender, either for lack of knowledge or to escape or because the perpetrator may not be his money within the State      where the terrorist act, and even if the offender is accused of committing crimes of terrorism or a cross- borders organized crimes but the victim can not compensate even when he has the financial capacity, and that result state obliged to compensated him for the harm suffered, even though the victim was unable to prove a causal relationship between the damage to his right and wrong which was released from the offender, including the French legislation No. 86-1020 for the year 1986, the Spanish legislation and No. 9 for the year of 1984, the Italian legislation No. 466 of 1980.

It is no secret that Iraq is going through the circumstances since its liberation from the previous regime and Saddam's Baath, Iraq is suffering from the onslaught of barbarism led by the former regime who had the role of the foundation in the incurrence of Iraq casualties (the elderly, women, children, young people) and financial, moral and inflicted hurt most of our people.however , and even if the legislator wanted to exceed the shortcomings and deficiencies in the legislation legitimizes Law No. 10 of 2004, but it did not come in clear text can force the injured to the right of get compensate of real damage .

Base on above facts, we find that the application of the principle of states carrying compensate victims of terrorism on the basis of the idea of ​​liability without proof of fault, especially in poor countries with limited resources  (including Iraq, for example) has been exacerbated by the phenomenon of terrorism.

as I pointed out previously, Iraq suffering Today attacks from the inside, and the outside of ISIS and the subsequent devastation and destruction and the loss of lives and money, on all Iraqis, so implement a previous principles is     a figment of the imagination offer Nothing and does not apply with reality.

We have to make concerted efforts for the existence of a convenient way to compensate the injured from terrorism for the damage fully and quickly and effectively, and at the same time, without unwanted stressful for the budget of the state.

the most successful of the responsibility advocated by a lot of Jurists to get rid of the traditional theory and replaced by idea of social responsibility of ​​the state bear the compensation, and that social institute is seeking by all means to achieve adequate compensation for the damage suffered by the individual without limitation the dictates of individual responsibility of the need for the error on the one hand, and without restriction to limit the obligation to compensate edema in charge of it on the other hand, especially if we bear in mind that the purpose of compensation is not to   punish the offender as much as what is reparation .