Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)

Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts:Taking a Look at Iran- Iraq War Case (1980)Abstract:On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors,...

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Main Author: S.Ghasem Zamani
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2016-08-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_5416_33e1c8e099261a3e6874ecdb4ac64656.pdf
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author S.Ghasem Zamani
author_facet S.Ghasem Zamani
author_sort S.Ghasem Zamani
collection DOAJ
description Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts:Taking a Look at Iran- Iraq War Case (1980)Abstract:On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors, had organic chemical warfare units and a wide variety of chemical materials and delivery systems. The continuous use of chemical weapons by Iraq against Iran during the war was indeed in violation of Iraq's obligations under 1952 Geneva Convention Protocol and also the principals of international humanitarian law. However taking a look at Iran-Iraq war demonstrates that two aspects of responsibility in this case could be distinguished. While the perpetrators of war crimes are responsible for the acts in their individual capacity, the State is also responsible for its international wrongful acts. In this article the different aspects of the case will be examined in theory and practice. Keywords:Iran-Iraq war, international responsibility of state, individual criminal responsibility, chemical weapons, war crimes
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spelling doaj.art-63890627161a440da6fb7131dccc4a252024-01-10T10:50:21ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162016-08-01185192910.22054/qjpl.2016.54165416Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)S.Ghasem Zamani0دانشیار گروه حقوق بین الملل دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائیConvergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts:Taking a Look at Iran- Iraq War Case (1980)Abstract:On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors, had organic chemical warfare units and a wide variety of chemical materials and delivery systems. The continuous use of chemical weapons by Iraq against Iran during the war was indeed in violation of Iraq's obligations under 1952 Geneva Convention Protocol and also the principals of international humanitarian law. However taking a look at Iran-Iraq war demonstrates that two aspects of responsibility in this case could be distinguished. While the perpetrators of war crimes are responsible for the acts in their individual capacity, the State is also responsible for its international wrongful acts. In this article the different aspects of the case will be examined in theory and practice. Keywords:Iran-Iraq war, international responsibility of state, individual criminal responsibility, chemical weapons, war crimeshttps://qjpl.atu.ac.ir/article_5416_33e1c8e099261a3e6874ecdb4ac64656.pdf"iran-iraq war""international responsibility of state""individual criminal responsibility""chemical weapons""war crimes"
spellingShingle S.Ghasem Zamani
Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
"iran-iraq war"
"international responsibility of state"
"individual criminal responsibility"
"chemical weapons"
"war crimes"
title Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
title_full Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
title_fullStr Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
title_full_unstemmed Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
title_short Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)
title_sort convergence and divergence of individual criminal responsibility and international responsibility of states for wrongful acts taking a look at iran iraq war case 1980
topic "iran-iraq war"
"international responsibility of state"
"individual criminal responsibility"
"chemical weapons"
"war crimes"
url https://qjpl.atu.ac.ir/article_5416_33e1c8e099261a3e6874ecdb4ac64656.pdf
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