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  • 标题:Non-applicability of Prescription to War Crimes during Iraq’s War against Iran
  • 本地全文:下载
  • 作者:Seyed Rasoul Ghorishi ; Sabber Niavarani ; Seyed Ghasem Zamani
  • 期刊名称:Journal of Politics and Law
  • 印刷版ISSN:1913-9047
  • 电子版ISSN:1913-9055
  • 出版年度:2016
  • 卷号:9
  • 期号:5
  • 页码:65
  • DOI:10.5539/jpl.v9n5p65
  • 出版社:Canadian Center of Science and Education
  • 摘要:

    International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?

    It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.
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