Criminal responsibility for the crime of provoking civil war

The crime of provoking civil war or sectarian strife is one of the most serious crimes that undermine the internal security and stability of States, so most of the punitive laws of countries came to punish it, and it was criminalized by the Iraqi Penal Code in Article (195) thereof, as well as in the Iraqi Anti-Terrorism Law in paragraph (4) of Article (2), and the legislator clarified that this crime has a multiple form that is carried out as soon as one of them is committed and the law does not require that all of them be committed together so that criminal responsibility is established against the perpetrator. He pointed out that it is committed in the form of arming citizens or getting them to arm each other or by urging fighting, and here the criminal legislator linked some forms of the material element with weapons, and that the offender aims to reach a specific goal and specific in the text, which is to ignite civil war or sectarian fighting, and the punitive text does not require that what the offender wants, the punishment affects him even if what he wants does not occur, but if he actually signed what he urged or armed for certain groups of individuals, This only affects the amount of punishment, so that the punishment reaches the maximum of death, The law established provisions for exemption from punishment. This crime has its own provisions, which are specified by law and specific to it with other crimes of internal state security, and this is evident through its exclusion from the principle of territoriality of criminal law and its subjection with other crimes of internal and external state security and some crimes specified in the text to the principle of in kind of criminal law, the exception from the general origin of the principle of territoriality of law, and on the other hand, the law departed from the provisions of the general subordinate criminal contribution and within special texts, The law established provisions for exemption from punishment. This crime has its own provisions, which are specified by law and specific to it with other crimes of internal state security, and this is evident through its exclusion from the principle of territoriality of criminal law and its subjection with other crimes of internal and external state security and some crimes specified in the text to the principle of in kind of criminal law, the exception from the general origin of the principle of territoriality of law, and on the other hand, the law departed from the provisions of the general subordinate criminal contribution and within special texts.We have found that this crime is one of the most serious crimes that the law and its drafters warn of on the safety and stability of human societies, in addition to the threats and actual attempts we see today that threaten to ignite wars and civil strife in our dear country to spread destruction and divide society into conflicting groups that are torn apart by the national unity of the people and the historical cohesion and harmony for which our society has been known over the ages.