Use of Nuclear Materials in Terrorist Crimes: A Comparative Study of Iran and Afghanistan's Criminal System with an Emphasis on International Conventions,

Document Type : Research Paper

Authors

1 MA Student of Criminal Law and Criminology. Ferdowsi University of Mashhad

2 Assistant Professor, Ferdowsi University of Mashhad

3 Assistant Professor. Ferdowsi University of Mashhad.

10.22034/law.2024.61242.3381

Abstract

Nuclear terrorism is one of the modern types of terrorism in which nuclear materials are used as a tool of crime and sometimes as the object of crime. At the international level, only two international conventions deal with nuclear crimes as criminal treaties. Although for the first time the Convention on the Physical Protection of Nuclear Materials criminalized criminal behavior related to nuclear materials, this crime was explicitly considered in the Convention on the International Convention on the Suppression of Acts of Nuclear Terrorism. By defining nuclear and radioactive materials, this convention, in Article 2, criminalizes all criminal terrorist behaviors related to nuclear materials. The Afghan legislator has recognized the use of nuclear and radioactive materials as an example of nuclear terrorism first in the Law on Combating Terrorist Crimes and then in the Penal Code. The Afghan legislature has criminalized the use of nuclear and radioactive materials under the use and release of nuclear and radioactive materials. However, the realization of the crime of nuclear terrorism depends on killing, causing damage to persons, property and facilities. Although Iran's legislature has not criminalized nuclear terrorism, including the use of nuclear and radioactive materials independently, the criminalization of the spread of dangerous materials as an example of Efsade Fel Arz can be extended to the spread of nuclear and radioactive materials as an example of nuclear terrorism. However, the determination of special conditions for the realization of the crime of Efsade Fel Arz has caused only some examples of the release of nuclear materials to be included under the title of corruption in the land.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 16 October 2024

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