Strategic Studies Quarterly

Abstract National security and criminal justice are conflictual concepts. So their connection is discussed based on their functions. Although criminal justice is derived from morality and natural law, but after emergence of state its concept has been changed. In its essence criminal justice was based on recompense, but in today’s criminal law it is based on interest seeking. From this view it can be argued that criminal justice has approached to national security. Changes like spreading delinquencies in national security arena, which in turn intensifies criminal actions and consequently security measures, makes criminal justice an unbalanced standard for state and individuals. Author argues that national security concerns have formed this unbalanced position. While National security concerns cause it to be dynamic in its function, in turn make in past-faced in its goals

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.