Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Nature and Dimensions of the Criminal Liability of Commanders and Superior Officials in International Criminal Law and Iranian Criminal Law

Document Type : Original Article

Authors
1 Ph.D Student of Criminal Law and Criminology, Chalous Branch, Islamic Azad University, Chalous, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Chalous Branch, Islamic Azad University, Chalous, Iran. (Corresponding Author)
3 Assistant Professor, Department of Criminal Law and Criminology, Chalous Branch, Islamic Azad University, Chalous, Iran.
10.22034/jccj.2024.413232.1348
Abstract
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.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 629-640

  • Receive Date 24 August 2023
  • Revise Date 24 September 2023
  • Accept Date 10 May 2024
  • Publish Date 20 February 2023