Document Type : Article
Authors
1 Associate Prof, Department of International Law, Faculty of Law, Najafabad Branch, Islamic Azad University, Isfahan, Iran
2 Associate Prof, Department of International Law, Faculty of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.
3 Ph.D. Student in International Law, Faculty of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract
If of biological agents and harmful toxin are used as weapons in armed conflict and terrorist activities, that agent is classified as a biological weapon. Biological weapons, which have a long history of being used in military conflicts, Today, it has received special attention from developed countrie .Due to their unique characteristics, these weapons are considered a serious threat to human health and the peace and security of the international community. Danger of such weapons is greater than nuclear and chemical warfare for the future of the world, because they can destroy tens of millions of people in the short term, and the resuling complication can be transferred to future generations.The results of this descriptive-analytical method show that according to international law documents, the use of biological weapons in terrorist acts and armed conflicts violates the rules of law and disrupts public order.Therefore, the use of such weapons from the perspective of international criminal law can be criminalized both as a crime against humanity and as a war crime.
Keywords
- International Criminalism
- War Crime
- Crime against Humanity
- International Criminal Law
- Biological Weapons
Main Subjects
English
- A) Book
- Bantekas, I., & Susan, N. (2007). International Criminal Law. Third Edition, London: Routledge, Cavendish.
- Bassiouni, C. (1999). International Criminal Law. Vol.1. (Ardsley.NY: Transnational Publishers)
- Cassese, A. (2008). International Criminal Law. Second Edition, London: OXFORD University Press.
- B) Article
- Bein, P., & Parker, K. (2003). Uranium Weapons Cover-Ups-A. Crime against Human Kind. January 2003. available in: (http:// www.stopnato.org.uk/du-watch/bein/hamburg.htm - 579k).
- C) Instrument
- Convention on the Prohibition of the Development. Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction. 10 April 1972.
- Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague. 29 July 1899.
- Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague. 18 October 1907.
- International Court of Justice. Legality of the Threat or use of Nuclear Weapon. Advisory Opinion of 8 julay 1996.
- Protocol Additional to the Geneva Conventions of 12 August 1949. and relating to the Protection of Victims of International Armed Conflicts (Protocol I). 8 June 1977.
- Protocol Additional to the Geneva Conventions of 12 August 1949. and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). 8 June 1977.
- The Statute of International Criminal Court. Rome.1998.
References In Persian:
- A) book
- Daryaei, M. (2015). Bioterrorism in Western Medicine. Tehran: Arman Roshd (In Persian).
- Dastgheib, M. R. (2016). Weapons of Mass Destruction from the Perspective of Islam and International Humanitarian Law. III, Tehran: Mizan Publishing (In Persian).
- Dorman, K., Doswaldbeck, L., & Loop, R. (2014). Elements of War Crimes in the Statute of the International Criminal Court. translated by Zahra Jafari, Zahra Mahmoudi & Parisa Sefidpari, Tehran: Majd Publications (In Persian).
- Emami, M., & Shopay Jojibari, R. A. (2016). Encyclopedia of Islam and International Humanitarian Law, Tehran: Mizan Publishing (In Persian).
- Kringangsak, K. S (2004). International Criminal Law. translated by Behnam Yousefian & Mohammad Ismaili. Tehran: Ministry of Culture and Islamic Guidance Publishing House (In Persian).
- Mohammad Nasl, G. (2006). Collection of Rules of the International Criminal Court. Tehran: Dadgostar Publishing (In Persian).
- Mousavi, S. F., & Cheheltani, M. (2011). Legal Criteria in Prohibiting Terrorists from Acquiring Biological Weapons. in Collection of Articles on Terrorism. Pathology. Actors and Structures, Tehran: World Islamic Peace Forum (In Persian).
- Najafi Abrandehabadi, A.H., & Hashembeigi, H, (1998). Encyclopedia of Criminology. Tehran: Shahid Beheshti University (In Persian).
- Razavifard, B., & Norouzi, M. (2017). The Role of the International Court of Justice in the Development of Humanitarian Law and International Criminal Law. the First International Conference and the Third National Conference on Management and Humanities Research.Tehran. University of Tehran (In Persian).
- Saed, N. (2007). Humanitarian Law and Nuclear Weapons. Tehran: Shahr-e-Danesh Institute for Legal Studies and Research (In Persian).
- Salimi-Turkmani, H. (2015). International Nuclear Law. Tehran: Shahr-e-Danesh Institute for Legal Studies and Research (In Persian).
- Semollers, A., & Hawman, R. (2017). Transnational Criminology: Towards International Criminology, translated by a group of criminologists and edited by: Hamidreza Nikokar & with introduction by: Ali Hossein Najafi, Abrandabadi. Tehran. Mizan Publishing (In Persian).
- Shah Hosseini, M.H. (2002). Defense against Biological Warfare and Bioterrorism. Vol. 1&2, Tehran: Basij Resistance Forces Research Organization (In Persian).
- Siah Rostami, H. (Translator). Basic Principles of the Geneva Conventions of 1949 and Additional Protocols of 1977. Tehran: Sarsam Publishing, commissioned by the Secretariat of the Humanitarian Committee (In Persian).
- Tamshatat, C. (2013). Human Rights. Translation and Writing: Hossein Sharifi, Tarazkoohi. Second Edition, Tehran: Mizan Publishing (In Persian).
- Tigershtrom, B. (2010). Human Security and International Law. translated by Ardeshir Amirarajmand and Hamid Ghanbari, Tehran: Majd Publications (In Persian).
- Vahedi, G, (2010). International Criminal Law. Tehran: Jangal Publications (In Persian).
- Ziaee Bigdeli, M. R. (2015). International Humanitarian Law. Third Edition, Tehran: Ganj-e-Danesh (In Persian).
- B) Article
- Al-Barzivrki, M, (2004). Critique of the International Court of Justice Advisory Opinion on Threatening or Recourse to Nuclear Weapons. International Law Journal. 31(21). 5- 88 (In Persian).
- Arshpour, A., & Jafari, S. M. (2015). The Role of Protection Responsibility in Ensuring Human Security. Strategic Studies Quarterly, 2(18), 85 – 102 (In Persian).
- Babakhani, A, (2008). International Community and Combating Human Rights Violations in the Darfur Crisis. Legal Journal, 38(25).141 – 184 (In Persian).
- Falah Siah Khaleh Hossar, A., & Fazaili, M. (2020). Compulsory sterilization of an example of a crime against humanity in the light of the Rwanda Special Court. Journal of Isfahan University Law Journal, 9(6). 148-105 (In Persian).
- Fallahi, F., Straight, B., Al-Kajbaf, H., & Heidari, B. (2015). Study of the concept of health in the theory of human security. Quarterly Journal of Bioethics, 15(5),127- 162 (In Persian).
- Hooman, R., & Sammolers, A. (2018). Towards International Criminology: Transnational Criminology. translated by Amir Paknehad, in Transnational Criminology: Towards International Criminology, 32 – 69 (In Persian).
- Javid, E,, & Niavarani, S, (2013). The Realm of the Right to Health in the International Human Rights System. Quarterly Journal of Public Law Research. 41(15).48 – 70 (In Persian).
- Khaleghi, A., & Nabavi, N. (2015). Using Unconventional Weapons from the Perspective of International Criminal Law and Islam. Quarterly Journal of Comparative Research in Islamic and Western Law, Tehran, 4(2), 19-42 (In Persian).
- Nemati, A. (2021). Investigation of crimes against humanity in international law. Scientific-Legal Quarterly of Yar Law, Tehran, 14(4).133 – 149 (In Persian).
- Philosophical, H. (1991). Methods of Understanding International Law. Journal of Legal Research. 9(1), 43-117 (In Persian).
- Salimi-Turkmani, H. (2012). Criminalization of the Use of Nuclear Weapons in the Framework of Emerging International Human Rights Law. Quarterly Journal of Criminal Law Research,1(1). 61-96 (In Persian).
- Verla, G., Translator: Amir Saed Vakil (2008). Crime against Humanity in Contemporary International Law. International Journal of Law, 39(25), 59-100 (In Persian).
- Yekrangi, M., &Vahedi, M. (2020). Strategies of the Iranian and International Criminal Policy System in Dealing with the Security Threats of Bioterrorism. Quarterly Journal of Strategic Studies, 3(22),159 – 184 (In Persian).
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