Abstract
The article is written entitled "Analysis of criminal responsibility of the users of chemical weapons". The issue of chemical weapons and criminal responsibility of users of this weapon is very important because countries like Iran starting a war of aggression and invasion against violations of humanitarian law, international criminal is not considered responsibility for the instigators of war. This study aimed to explore international responsibility of individuals and legal assign and use of chemical weapons and the role of domestic law in support of victims of such weapons has been developed. The main hypothesis of this study tries to answer this question that what challenges are dominant criminal responsibilities of users of chemical weapons. It states that; the impact of global powers on international issues are the lack of law, guarantees, good performances and the most important challenges is the lack of cooperation by governments. This research, descriptive analysis of documents, according to primary sources, including data and legal jurisprudence and secondary sources, including laws papers has been developed. The findings of this study show that, the principles of international law banning the use of chemical weapons, in addition to the contract law, is customary international law, hence, even if the country has no weapons of mass destruction also a member of the international conventions, proscription, in case of violations of international humanitarian law can still be prosecuted in the s.
Highlights
Problem StatementMore than a century that terrible image and the results of its chemical weapons warning has been repeated many times by the bill and regulations that the purpose of deployment is destruction large groups of human
The article is written entitled "Analysis of criminal responsibility of the users of chemical weapons"
Domestic legislation of many countries that produce the main principle in pursuit of these crimes is very important. This principle is based on the traditional principle of "extradite or prosecute” in accordance with the principles of humanitarian law and the Fourth Geneva Convention and the first Additional Protocol, the government is obliged charged with punishment the accused to trial otherwise, he must surrender for trial in other states because the crimes are subject to universal jurisdiction undermined the interests of the whole human community And the government tried to act on behalf of the humanitarian community. (Jahani Ghaemi, 2010, pp. 197-196) The introduction of the Statute of the International Criminal today more than 125 countries, the principle of "universal jurisdiction" in its internal rules included
Summary
More than a century that terrible image and the results of its chemical weapons warning has been repeated many times by the bill and regulations that the purpose of deployment is destruction large groups of human. Authors, discussed case studies on Criminal Responsibility of users of chemical weapons in international documents with the aim of explaining the positions of international organizations on the use of chemical weapons with the approach to Jus cogens norms rules and sanctions violate the rules. Suffice to say that today's research on the necessity of the principle of the prohibition of the use of force, the Jus cogens norms of international law and the rule of international law. The main question of this study is that what use of chemical weapons challenges the ruling of criminal responsibility. We raised the hypothesis states that; the impact of global powers on international issues, lack of law guarantees good performances of the most important challenges is the lack of cooperation by governments; this study is descriptive-analytic
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