نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Counterintelligence activities are carried out in two areas: defensive and offensive to deter, identify threats, and prevent successful information collection by the adversary. The purpose of this research is to examine the legitimate bases of criminal liability of intelligence agencies in the application and implementation of counterintelligence rules in times of crisis. This research is conducted using linguistic analysis along with paying attention to legal propositions and standards. It seems that, considering the potential of critical criminological approaches, it is reasonable to attribute responsibility to intelligence organizations. According to the findings of this study, intelligence officers, as human beings with free will and authority, are personally responsible for their actions. Governments are not very willing 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. Accordingly, classical theories are insufficient for attributing responsibility to intelligence organizations, because they are based on the discourse of defining crime as a legislative act of the state and the ruling power. The critical criminological approach of Zemology considers the intelligence agencies' disregard for human rights as a justification for counterintelligence and counterespionage measures as risky and proposes identifying the criminal responsibility of the intelligence agency and, subsequently, appropriate punishment for the organization. Identifying the criminal liability of intelligence agencies will, in a way, prevent human rights violations and endangering human privacy and dignity by these institutions. This identification is based on the proactive responsibility of the legislative
کلیدواژهها [English]
)