Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Validation of the Legal Justifications for the Assassination of Martyrs Soleimani and Fakhrizadeh, with an Emphasis on Self Defense

Document Type : Original Article

Authors
1 PhD Student in Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran. (Corresponding Author)
3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran.
10.22034/jccj.2023.419217.1400
Abstract
Among the most important assassinations in Iran, we can mention the assassination of General Qassem Soleimani and Martyr Fakhrizadeh. The mentioned assassinations are important in the sense that, firstly, the martyrdom of Sardar Soleimani took place in the territory of a foreign country, along with the violation of that country's privacy; Secondly, in the assassination of Shahid Fakhrizadeh, the latest war methods have been used. In this article, firstly, the definition, conditions and basics of targeted killing and the alleged justifications for the assassination of martyrs Soleimani and Fakhrizadeh and finally the legitimacy of the assassination of these martyrs have been discussed and investigated. This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.The assassination of the mentioned martyrs did not comply with the prohibition of assassination in the executive order of the American president and there was no reason to insist on assassination due to the absence of an immediate and imminent threat. The targeted killing of General Qassem Soleimani was considered a violation of the sovereignty of the Iraqi state and, due to the absence of armed conflict, it was contrary to international laws; As a result, it is impossible to invoke self-defense in these assassinations.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 27-38

  • Receive Date 13 August 2023
  • Revise Date 05 September 2023
  • Accept Date 03 November 2023
  • Publish Date 20 February 2024