Compensation for direct and consequential material and moral damages resulting from violence and terrorist operations

Abstract

Compensation is the penalty for tortious liability (harmful act), that liability resulting from a breach of a legal duty. We are talking here about the tortious error arising from terrorist acts only, those incidents that occur from time to time in the countries of the region in general.                                                            

Especially in Iraq, legal scholars have researched this responsibility at length, whether in relation to determining its pillars and effects or the penalty resulting from determining the responsibility of the perpetrator of the harmful act. However, there has been disagreement as to whether the damage resulting from it requires consideration alone, i.e. reliance on the element of damage in addition to the causal relationship.

Or must there be a mistake as a third element? The civil laws (under comparison) have decided this responsibility in the texts of their laws and with complete clarity. Accordingly, we will address this topic in the research. Also, is it possible to rely on direct damage only, or the reversible damage? In addition to that, is it possible for the state to bear compensation for the person harmed by the terrorist act, whether it was direct or reversible or Assuming the state bears the cost, what is  the reason that would make the state bear the cost of compensating the person harmed by an act that is almost certainly not the state’s fault, or at least the state cannot be held responsible for it, and in many cases it is not the fault of its employees .                              

In addition, the convicted terrorist will most likely not pay compensation, whether he is sentenced to life imprisonment or the death penalty. Here, who bears the responsibility for compensating for the damage? Is it the terrorist, the country in which the damage occurred, or the country to which the terrorist belongs? We will discuss all of these matters in this research.