Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Challenges of Criminal Prosecuting of U.S. Government for Assassination of General Soleimani

Document Type : Original Article

Authors
1 Ph.D Student, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
10.22034/jccj.2023.398323.1275
Abstract
Although terrorism is not an emerging phenomenon, it has only been a few decades since it has become one of the most controversial international, regional and domestic debates due to its extent and characteristics. One of the important and challenging examples of this phenomenon is state terrorism, which is sometimes committed with the justification of preventive defense; The case that was stated regarding the assassination of General Soleimani by the US government. Despite the development of conventions and the enhancement of the jurisdiction of international judicial assemblies, there are huge differences between countries regarding the examples and dimensions of preventive defense or the dimensions of "aggression".The findings of this research, with a descriptive-analytical approach, show that the international criminal policy, both in the form of conventions and in the form of the jurisdiction of judicial authorities, has many challenges regarding the punishment of the perpetrators of the assassination of Sardar Soleimani  And it is concluded that according to the Convention on "Prevention and Punishment of Crimes Committed against Internationally Protected Persons", and referring to general laws such as the United Nations Charter, the Resolution on the definition of aggression, the Convention on Special Missions and customary provisions, the assassination case of General Soleimani and his companions can be Followed.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 87-95

  • Receive Date 20 December 2022
  • Revise Date 11 January 2023
  • Accept Date 22 January 2023
  • Publish Date 20 February 2023