نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
One of the important and fundamental issues related to the occurrence of crimes by the military forces is the issue of orders from superiors. The necessity and importance of this discussion with regard to international criminal law is because the killing of innocent people in any part of the world is considered one of the biggest crimes in human society, and if there is no comprehensive fight against this phenomenon, security, which is one of the The most important condition of a healthy community is completely lost. The purpose of this article is to examine the nature and dimensions of the criminal responsibility of commanders and superior officials in international criminal law and Iranian law. This article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that in international criminal law, a military commander who is responsible for command, if his subordinates commit international war crimes and have effective command and control over them; The criminal responsibility will be towards him, even if he did not directly participate in the crime or encourage it in any way. In Iran's criminal law, this issue has not been clearly stated and explained with regard to criminal liability resulting from other behavior in Article 142 of the Islamic Penal Code approved in 1392 or other related laws, and it needs more attention to review and comply with the statute of the International Court of Justice. It is criminal.
کلیدواژهها English