The Responsibility of the Iraqi Security Apparatus for the Damage it Causes

The responsibility of the Iraqi security apparatus towards the damage it causes determining these damages standing on the punitive penalty resulting from the Iraqi internal security forces clarifying Iraqi legislation from such violations and its role in protecting the rights of individuals and clarifying the issue of state responsibility for these individual acts of the internal security forces. The military crime and the internal security forces is a type of violation or functional or professional error committed by a military person because of his position and it directly affects the internal military system and causes material or moral harm to the armed forces and society; Therefore the concept of internal military crime shows the jurisdiction and limits of the law of provisions for the internal security forces and therefore the jurisdiction and limits of military justice within the limits of this concept. The military penal system defines crimes against the security and order of the armed forces the penalties prescribed for them and the procedures governing the military case. Thus that system or law is considered a special criminal law next to the general penal law group the penal law or system the penal procedure system or the criminal procedure code and therefore the general penal code or system is the basis to refer to in the absence of a text in the military penal system. Likewise the Code of Criminal Procedure is the system that governs the procedures of military trials in the event that the military penal system or the regulations for the conduct of military trials before the Military Courts Court are vacant which regulates the procedures of military trials. Military violations may be simple in which the military chiefs impose disciplinary sanctions on the violator but the matter may be so dangerous that it requires a heavy penalty and here it is not envisaged that it should be signed without special guarantees. Therefore it was necessary to establish a military judicial organization that applies heavy penalties on the one hand and preserves for the accused the guarantees that ensure justice for him and the preservation of his dignity and rights as a human being. and for military criminal procedures.