Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Obligation to Compensate the Damage to a Victim in Jurisprudence and International Criminal Law

Document Type : Original Article

Authors
1 Ph.D Student in International Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author)
3 Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/jccj.2022.360957.1095
Abstract
Damage compensation is one of the most important tools of criminal justice in international law, which is examined in the present paper from the perspective of jurisprudence and criminal law. This paper is descriptive and analytical and has investigated the mentioned subject employing the library method. The findings of the article show that, in general, the right to effective compensation, the right to be treated with respect and dignity, the right to support and assistance, and the right to request compensation are among the rights that are included in international and regional documents for victims of severe violations of human rights and international humanitarian law. The right to effective compensation includes the right to prosecute and punish people who are responsible for extensive violations of human rights. Indeed, compensating victims in international criminal law faces challenges. The extent of damages and injuries and the large number of victims are among these challenges. Non-cooperation of governments, difficulty in determining the amount of damage and lack of financial resources for compensation are other challenges in this field. 
Keywords

Volume 1, Issue 4 - Serial Number 4
Autumn 2022
Pages 109-115

  • Receive Date 21 October 2021
  • Revise Date 24 October 2021
  • Accept Date 13 November 2021
  • Publish Date 22 December 2021