National Security Between Regional Threats and Criminal Protection
From time to time, the international environment witnesses rapid political and security developments whose effects may be felt in national legal systems, particularly in states that interact with their regional and international surroundings within the framework of collective security and defense cooperation. In this context, an important legal question arises regarding how national legislation addresses circumstances related to wars or military tensions, particularly concerning how to protect national security in the face of external threats and the resulting legal implications regarding the imposition of harsher penalties for certain acts that undermine national security.
In this context, criminal legislation in a number of states, such as the Kingdom of Bahrain, the Arab Gulf states, and others, deals with acts that affect external and internal state security, having dedicated provisions addressing crimes affecting both aspects of state security, which include a range of acts that pose a direct threat to the state’s safety or its defensive capabilities. This legislative framework demonstrates that the legislature has established a criminal framework that provides special protection for state security in circumstances that warrant harsher penalties for certain crimes.
There are many forms of criminal conduct that may affect state security, the most prominent of which include communicating with a foreign state or hostile entity in a manner that harms the state’s military or political interests, or disclosing defense secrets and military information of strategic importance to national security. These acts also include providing aid or assistance to the enemy in any form, damaging military installations or vital facilities related to national defense, or disrupting the means and equipment intended for the defense of the state.
Such acts may extend to the transmission of information or data that could harm the state’s military or political interests, or the filming, publication, or republication of sites of attack or the aftermath of hostile operations, in violation of instructions issued by the competent authorities, given the potential impact on efforts to address such events or the harm to public security and societal safety. Criminal liability may also arise if such hostile acts are glorified or support for them is expressed in any form.
This approach is not limited to a specific national context but is evident in various regional and international experiences, as Gulf Cooperation Council (GCC) states have adopted similar measures to limit the dissemination or circulation of content related to hostile acts. This was also evident in the Ukrainian context, where restrictions were imposed on the publication of images and information regarding bombing sites or military movements to safeguard ongoing operations, reflecting that such measures represent a standard approach to crisis management.
The imposition of harsher penalties for these crimes is based on the legislature’s recognition of the gravity of acts committed under conditions of external threats, as acts that may appear to have limited impact under normal circumstances can, in such conditions, become a direct threat to the state’s ability to protect its vital interests or maintain its internal stability. Consequently, criminal policy in legislation tends to impose harsher penalties on crimes that undermine state security in such circumstances, treating them as serious attacks on national security.
These criminal provisions constitute a preventive legal framework aimed at safeguarding state and societal security in the exceptional circumstances that such developments may impose, thereby striking a balance between the preservation of public freedoms and the requirements of national security.
The role of this protection is not limited to official agencies but extends to include society and the media as part of the national security system, as awareness in handling and disseminating information is a key element of stability and contributes to strengthening the state’s ability to address the challenges posed by such circumstances.
In this context, the importance of legal awareness and social responsibility in supporting efforts to protect security and stability is highlighted, requiring everyone to adhere to the directives issued by official authorities and to avoid disseminating unreliable information or engaging in practices that may affect public security or undermine confidence in state institutions. In such circumstances, the importance of social cohesion, rallying around the leadership, and acting with a sense of national responsibility also becomes evident, thereby contributing to supporting all efforts aimed at preserving the nation’s security and safeguarding its stability.
Note: This article has been automatically translated, the full article is available in Arabic.
Dr. Abdullah Nasser AlBuflaseh, Non-Resident Fellow
