Strategic Studies Quarterly

Abstract Judicial efficiency have both spiritual and material aspects. The spiritual aspect concerns the prevailing sense of justice and the widely held belief that the judicial system holds everyone accountable for their behavior and decisions. This requires that the Judiciary acts independently, impartially, and based on law. From the material perspective, judicial efficiency is determined by the competence of the majority of judges who are not in a hierarchy and address issues and disagreements based on their knowledge, expertise, great skills, and their own discretion.
 
 

Abstract .

Abstract

A survey from  an outsider view at the jurisprudence indicates that the so called term of Islamic Terrorism has been globally promoted based on two approaches. First, terrorism is based on belief and attitude of some of the Muslims. Second, the Western countries have labeled some Muslims with the title of Islamic Terrorism. Apparently, they consider terrorism as a threat against security and democracy; however, they use this label as an instrument in their leadership of the world. But looking at Jurisprudence from inside shows that terrorist acts apart from the thinking behind them or the motivation to globalize it, is considered as criminal and condemned acts; because the main element of Jihad is face to face fighting and respecting its rules and not to surprised attacks and killing the innocent people and properties.  However, there is no an independent title for terrorist acts; although due to its implications it is identical to rebellion and belligerence.

Abstract

Although terroristic actions are similar to war and crime actions, however, in terms of legal nature of terrorism, adoption of each of them will lead to different implications.

If terrorism is seen through guilt actions, the terrorist and his/her behavior should be focused on, however, if it is taken as equal to war crimes, the evaluation and judgment should be based on group or network actions. Obviously, at the first level, a rule has been violated and therefore the perpetrator is punished, however, in case of the latter, like Al-Qaida, it has got cohesion and solidarity, with specific purpose and program, supported by some entities and more than that it attempts to resort to brutality on imposing a belief and finally to pretend itself beyond of a group or individual.  IN this paper, given war and crime actions, terrorism is weighed and then the findings will be applied on theGazaincident in the end of 2008.

Abstract According to the criminal law, the organized crimes have a unique characteristic which is the planned way of accomplishing. This indicates that in comparison with others, these kinds of crimes are not new ones and in spite of it, every crime can be accomplished in an organized manner. In the mean time, based on criminology, other than way of accomplishing, the organized crimes have two other characteristics including their financial and trans-national features. Whenever the above characteristics are linked to the perpetrators of organized crimes, the role of security as the subject of this crime is highlighted. However, despite of terrorism which mainly targets the citizens, these crimes are behaviors against economic and national security. Pursuing those crimes is not comparable to those on the streets or other coercive crimes. Due to the linkage between organized crime perpetrators and the power and also because of formalistic respect to the law and norms by them, police has not been so successful in identification and hunting those criminals.

Abstract The close relationship between the criminal law and national security in fight against terrorism has produced a mixed picture of criminal law by which although the relevant regulations are preventing governments from interfering in individual rights and freedoms, however they provide a pretext for justification of their authoritative and limitative actions in favor of national security.In this way, due to some characteristics of terrorist groups like dangerousness, organization, biasness and un-modifiability, anti– terrorist laws consist of some tough regulations regarding terrorists which are finally affecting freedom and rights of the ordinary citizens

Abstract Meetings and demonstrations are instruments of acquiring logical right such as the expressive, the equality, and other rights contained in the human rights and the IR of constitution in its collective manifestation. So in the right of establishing meetings, whenever it doesn't occurrence any illegality, there isn't any legal and rational legitimating for inhibiting it.Getting safe and legal meeting and without any formal limitation to celebrating it could be a way of preparing the security and the freedom of citizens, saving the national security by referring to citizen's claims. By examining the domestic regulations author is searching to analyzing the nature of the meetings and showing how could be manage them before celebrating in one side and emerging illegal behavior in other side?