نوع مقاله : مقاله پژوهشی
نویسنده
استادیار،گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Introduction
Actions and reactions in the field of counterintelligence as a legal issue in the field of validity and invalidity require examination. It is explained that the application of counterintelligence rules and counterintelligence operations will lead to restrictions such as monitoring, invasion of privacy, arrest, interrogation, etc., which may lead to damage to individuals and property. The study examines the legitimate bases of criminal liability of intelligence agencies in the application and implementation of counterintelligence rules in times of security crisis. It seems that, given the potential of critical criminological approaches, it is justified to attribute responsibility to intelligence agencies. Accordingly, after explaining the concept of criminal liability and its challenges regarding the criminal liability of legal persons, with an emphasis on the personal liability of intelligence officers, the legitimate bases of criminal liability of intelligence agencies are addressed. As the research continues, the criminal responsibility of intelligence
Criminal Responsibility of intelligence organizations in applying counterintelligence organizations in applying the rules of offensive counterintelligence in times of security crisis is discussed and examined through the human rights risks of not recognizing the criminal responsibility of intelligence organizations, emphasizing the values of the critical approach of Zemology.
Method
This research is conducted using linguistic analysis alongside attention to legal propositions and standards. Accordingly, in terms of data collection, its method is mixed-integrative. In terms of processing, it is rational-critical.
Results
Responsibility is a common concept with Arabic roots. Criminal responsibility means the obligation to respond to criminal actions. This obligation to respond is the result of the assumption of responsibility of natural and legal persons. Intelligence officers are responsible for their actions. Accordingly, they must be held accountable. Of course, the personal responsibility of officers does not remove the criminal responsibility of the organization with justified grounds. Some principles accepted in criminal law can somehow justify and lay the groundwork for the criminal responsibility of the intelligence organization. For example, the principle of the attribution of responsibility, the principle of responsibility for macro-politics and policies, and the principle of responsibility for the authority of command and organizational hierarchy (theory of the mastermind), which also has a legal basis and document in the Iranian criminal law system, are among these principles. Of course, classical theories are insufficient for attributing responsibility to intelligence organizations, because they are somehow in line with the conservative paradigm and are based on the discourse of defining crime as a legislative act of the state and the ruling power. Meanwhile, governments, depending on their national security doctrine, are not very inclined to recognize the criminal responsibility of their intelligence structure. Especially in the field of counterintelligence, which is directly related to the survival and stability of the state.
According to the principles of criminology, especially the critical criminology discourse, they have a more significant capacity to theorize the criminal responsibility of the state in general and the criminal responsibility of intelligence organizations in the application of aggressive counterintelligence rules in times of security crisis in particular. As such, it is necessary to pay attention to the human rights requirements that justify the criminal responsibility of intelligence organizations in order to justify the responsibility of these institutions. Governments have an obligation to adhere to human rights not only to their people but also to other governments. In the event that the application of counterintelligence rules by the intelligence organization leads to a violation of human rights, in addition to the personal criminal responsibility of the criminal officers, the intelligence organization also has criminal responsibility. Especially since even in the context of counter-action, the aggressive counter-intelligence approach is a form of exaggeration. Recognizing the criminal liability of intelligence organizations will lead to their commitment and care in the interval between actions to protect the rights of citizens. As the failure to recognize the criminal liability of intelligence organizations leads to human rights risks and social harm.
Based on the findings of this research, based on the values of the criminological approach of Zemology, the disregard of intelligence organizations for human rights is considered dangerous by justifying counter-intelligence and counter-espionage measures, and aside from the personal responsibility of intelligence officers, it proposes recognizing the criminal liability of the intelligence organization and, as a result, appropriate punishment for the organization. Recognizing the criminal liability of the intelligence organization will in a way prevent human rights violations and endangering human privacy and dignity by these institutions.
Conclusion
Intelligence officers, as free human beings with free will and authority, have personal responsibility for their actions. Governments are not very inclined to recognize the criminal responsibility of their intelligence structure, especially in the field of counterintelligence, which is directly related to the survival and stability of the government. Therefore, classical theories are insufficient for attributing responsibility to intelligence organizations. The critical criminological approach of Zemology considers the disregard of intelligence organizations for human rights by justifying counterintelligence and counterespionage measures as dangerous and proposes to recognize the criminal responsibility of the intelligence organization and, as a result, to give appropriate punishment to the organization. Identifying the criminal responsibility of the intelligence organization will prevent, in a way, human rights violations and endangering human privacy and dignity by these institutions. This recognition is based on the proactive responsibility of the legislative government and the need to prevent damage and dangers that may occur by intelligence organizations and with the justification of security and maintaining the political system.
کلیدواژهها [English]
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