The crime of armed disobedience in Iraqi legislation - a comparative study.

Crimes against the security of the State are of great importance in all penal codes, both ancient and modern, because of the danger they entail and the grave consequences of their commission that could undermine the existence, independence and territorial integrity of the State, or undermine the Constitution of the State and the authorities under it. It is natural that crimes against the internal security of the State receive a share of this attention in order to maintain the stability and internal security of the State. In terms of gravity, the crime of armed insurrection ranked second only to the crime of attempting to overthrow the regime, in terms of threat to the internal security of the State. The source of this danger stems first from the fact that it represents a violation of the legal rules in force in the State, whether constitutional or ordinary. They constitute a breach of constitutional legal norms, Because it violates constitutional rules that allowed civil disobedience to demand rights or to protest a particular policy. They violate ordinary legal norms, as they violate penal rules prohibiting and punishing armed insurrection. Secondly, their gravity stems from the serious crimes associated with their commission such as murder, theft and vandalism of both public and private buildings and property, which lead to chaos and destruction as a result of lawlessness. Therefore, we find that the Iraqi legislator has punished this crime in the Iraqi Penal Code No. 111 of 1969. Despite the seriousness of this crime, it did not receive sufficient attention from legal jurisprudence, so we did not find a few legal books that it was subjected to, and if they exist, they are more similar, on the one hand. On the other hand, it is inevitable to recognize that we have become at a time when rights and freedoms have flourished and resorted to democratic means, including civil disobedience, and this has been confirmed after one of the political currents announced Disobedience in Baghdad, which led to a heated opinion about its legality, and thus the need to know the boundaries between criminalization and permissibility.