Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 430-450 |
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Beigi J, Abasnjad J, Abbasi M. Compulsory Frustration of Individuals as Crime against Humanity & the Necessity of its Criminalization in Iran. MLJ 2022; 16 (57) :430-450
URL: http://ijmedicallaw.ir/article-1-998-en.html
URL: http://ijmedicallaw.ir/article-1-998-en.html
1- Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2- The Scientific Association of Medical Law of Iran, Shahid Beheshti University of Medical Sciences, Tehran, Iran
2- The Scientific Association of Medical Law of Iran, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract:
Background and Aim: Some countries, large national or transnational organizations and trusts, in order to protect their national or material interests, by adopting a population reduction policy within or other target countries, implement a population sterilization plan in a region without announcing the consequences and obtaining real satisfaction from them. Given the diverse ways in which perpetrators commit and the extent of the effects of this crime, which is the size of the human race and aimed at protecting individuals, it is necessary to criminalize domestic law alongside international instruments, while implementing criminal justice to an effective criminal policy to prevent such crimes Gained access.
Method: In this article, with a descriptive and analytical method, the conditions of committing and the elements constituting the crime of forced sterilization of individuals and its distinction from other similar crimes and the criminalization requirements of this crime in the Iranian legislative system are discussed.
Ethical Considerations: In order to organize this Research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: At the national level, in order for the Islamic Republic of Iran not to accede to the Rome Statute and the legislative vacuum regarding sterilization policies and programs, the legislature should criminalize this crime as a crime against humanity, by providing a precise definition and full expression of its examples of existence. Support the next generation of humanity.
Conclusion: It can be concluded that at the international level, since 1998, the Statute of the International Criminal Court has recognized sterilization as one of the examples of crimes against humanity. Prior to that, however, it was referred to as "sexual violence" in other international instruments, including the Geneva Convention and the Convention on the Prohibition and Punishment of the Crime of Genocide.
Please cite this article as:
Beigi J, Abasnjad J, Abbasi M. Compulsory Frustration of Individuals as Crime against Humanity & the Necessity of its Criminalization in Iran. Medical Law Journal. 2022; 16(57): e29.
Method: In this article, with a descriptive and analytical method, the conditions of committing and the elements constituting the crime of forced sterilization of individuals and its distinction from other similar crimes and the criminalization requirements of this crime in the Iranian legislative system are discussed.
Ethical Considerations: In order to organize this Research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: At the national level, in order for the Islamic Republic of Iran not to accede to the Rome Statute and the legislative vacuum regarding sterilization policies and programs, the legislature should criminalize this crime as a crime against humanity, by providing a precise definition and full expression of its examples of existence. Support the next generation of humanity.
Conclusion: It can be concluded that at the international level, since 1998, the Statute of the International Criminal Court has recognized sterilization as one of the examples of crimes against humanity. Prior to that, however, it was referred to as "sexual violence" in other international instruments, including the Geneva Convention and the Convention on the Prohibition and Punishment of the Crime of Genocide.
Please cite this article as:
Beigi J, Abasnjad J, Abbasi M. Compulsory Frustration of Individuals as Crime against Humanity & the Necessity of its Criminalization in Iran. Medical Law Journal. 2022; 16(57): e29.
Keywords: Crime against Humanity, Frustration, International Documents, International Criminal Court
Type of Study: Original Article |
Received: 2019/08/16 | Accepted: 2020/12/3
Received: 2019/08/16 | Accepted: 2020/12/3
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