Abstract
<p>International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?</p>It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.
Highlights
War between states has been a considerable fact of international life so that wars have been raised with states (Paenson, 1982, P. 2)
International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated
3.6.1 Following Part of This Paper Is Related to Conflict between Statutory Limitations in Supreme Iraqi Criminal Tribunal and Principle of Legality of Crime. Another aspect of statutory limitations in Statute of Supreme Iraqi Criminal Tribunal is related to the conflict between this issue and principle of legality of crime; because, firstly, legal system of Iraq does not have criminal titles and descriptions mentioned in Statute and many of the mentioned crimes in Statute do not exist in rules and regulations of Iraq; secondly, it is not clear that international crimes such as crimes against humanity and war crimes mentioned in Articles 12 and 13 during 1968 to 1990 (Daphna, Ralph, 1994, Pp.4-5) have common legal features as it is declared in these regulations (Crawford,1994, P. 148)
Summary
War between states has been a considerable fact of international life so that wars have been raised with states (Paenson, 1982, P. 2). Iraqi Special Tribunal was established by occupying power to trail the leaders of Baath the mentioned trial’ s name changed to Supreme Iraqi Criminal Tribunal based on the confirmation of temporary states through adopted statue of Parliament It was necessary for an international, combined or a domestic tribunal to prosecute crimes of Saddam and members of Baath, but Statue of this tribunal including Article 1 Clause (2) considers Statutory Limitations and time jurisdiction of tribunal predicting time duration of 35 years from 17 July 1968 to 1 May 2003; criminalization of committed crimes during this time including war crimes, crimes against humanity, genocide and violation of Iraqi laws would allow Tribunal to prosecute the level of destructions committed by Saddam from his presence time in Revolutionary Command Council of Iraq in 1969 to that time his regime was overthrown by United Nation
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