Combating the Crime of Establishing a Terrorist Website in Omani Law: Comparison with International Criminal Law
Abstract
In light of the enormous revolution in the field of information technology (IT), which has facilitated the lives of people and made the world a small village, so many vital facilities, such as transportation, power plants and others, have been managed in several countries thereby saving a great deal of effort and time. Nevertheless, some of the crimes that accompany these technologies (Electronic Crimes) have put in front of the international community a major challenge of reducing or controlling these crimes. Perhaps the crime of creating a terrorist website is at the forefront of these crimes, which require concerted efforts and continual follow-up by the international community to monitor their activities and defeat their attacks. Electronic technology has provided the ideal climate for terrorists to spread their terrorism around the world and threaten world peace. The Omani legislator, like other international legislators, is concerned about the modern crime that coincides with or accompanies the advent of this technology. He quickly enacted legal legislation to deal with these criminal phenomena, including the phenomenon of establishing terrorist websites, by setting a law for combating the crimes of information technology, which treats this crime in one of its sections. This research paper highlights this serious crime from the perspective of Omani law and international criminal law in terms of objectivity to find outany possible areas of lacunae. The study depends on the inductive and analytical comparative methodology.The research is divided into four aspects: The first deals with the concept of terrorism in the language and terminology contexts, examining the conventional meaning of terrorism in Islamic law, Omani law, international criminal law as well as the Islamic Fiqh Academy. The second aspect deals with the fight against establishment of a terrorist website in in accordance with the penalty text in the Omani law, cornerstone of physical and moral crime in accordance with the law of Oman, while addressing the physical elements of the physical effects that terrorists seek to achieve through this crime. The third aspect focuses on the penalty of the crime of creating a terrorist website in the international criminal law according to the international agreements issued in this regard, while the fourth aspect demonstrates recent examples of some terrorist websites. Then, the paper ends with a conclusion and recommendations.
Full Text: PDF DOI: 10.15640/jlcj.v7n2a5
Abstract
In light of the enormous revolution in the field of information technology (IT), which has facilitated the lives of people and made the world a small village, so many vital facilities, such as transportation, power plants and others, have been managed in several countries thereby saving a great deal of effort and time. Nevertheless, some of the crimes that accompany these technologies (Electronic Crimes) have put in front of the international community a major challenge of reducing or controlling these crimes. Perhaps the crime of creating a terrorist website is at the forefront of these crimes, which require concerted efforts and continual follow-up by the international community to monitor their activities and defeat their attacks. Electronic technology has provided the ideal climate for terrorists to spread their terrorism around the world and threaten world peace. The Omani legislator, like other international legislators, is concerned about the modern crime that coincides with or accompanies the advent of this technology. He quickly enacted legal legislation to deal with these criminal phenomena, including the phenomenon of establishing terrorist websites, by setting a law for combating the crimes of information technology, which treats this crime in one of its sections. This research paper highlights this serious crime from the perspective of Omani law and international criminal law in terms of objectivity to find outany possible areas of lacunae. The study depends on the inductive and analytical comparative methodology.The research is divided into four aspects: The first deals with the concept of terrorism in the language and terminology contexts, examining the conventional meaning of terrorism in Islamic law, Omani law, international criminal law as well as the Islamic Fiqh Academy. The second aspect deals with the fight against establishment of a terrorist website in in accordance with the penalty text in the Omani law, cornerstone of physical and moral crime in accordance with the law of Oman, while addressing the physical elements of the physical effects that terrorists seek to achieve through this crime. The third aspect focuses on the penalty of the crime of creating a terrorist website in the international criminal law according to the international agreements issued in this regard, while the fourth aspect demonstrates recent examples of some terrorist websites. Then, the paper ends with a conclusion and recommendations.
Full Text: PDF DOI: 10.15640/jlcj.v7n2a5
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