Use of Chemical Weapons in the Iraq-Iran War under the Perspective of International Criminal Law
Out of many heinous crimes done under Saddam Hussein, few had such disturbing and long-lasting human effects as the use of chemical weapons (CW). In order to serve the interests of justice, such serious crimes of international concern should not go unpunished. Based on the treaty and customary laws...
Main Authors: | , |
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Format: | Article |
Language: | fas |
Published: |
Allameh Tabataba'i University Press
2016-11-01
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Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
Subjects: | |
Online Access: | https://qjpl.atu.ac.ir/article_6794_be23f6705e0af2a7f0a356b04ef63b89.pdf |
Summary: | Out of many heinous crimes done under Saddam Hussein, few had such
disturbing and long-lasting human effects as the use of chemical weapons (CW).
In order to serve the interests of justice, such serious crimes of international
concern should not go unpunished. Based on the treaty and customary laws
applicable in the 1980s, the use of chemical weapons was prohibited under
international law. Such prohibition in itself (without explicit criminalization)
could be a basis for criminal responsibility of the individuals involved. So, if
there were competent international tribunals existing to address such crimes, the
tribunals would have no problems in terms of legality. But currently, no
international tribunals exist with any link to the Iraq-Iran war in the 1980s. The
issue of enforcing international law by domestic courts is thus brought into
attention. The article concludes that Iranian courts should have jurisdiction over
such incidents. In order for the Iranian judicial forums to get involved in an
effective manner, it is suggested that legislation is necessary to get into some
coordination with international law. |
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ISSN: | 2345-6116 2476-6216 |