Document Type : Research Paper

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran

2 Doctoral Student in Criminal Law and Criminology, Islamic Azad University, Maragheh, Iran.

Abstract

 
Abstract
Throughout history, the phenomenon of war, as a painful reality in human life, has always been full of suffering, and therefore the international community has tried to reduce its destructive and harmful effects by enacting international humanitarian law. In the meantime, individuals, including physicians, in some cases and in violation of their professional duties and ethical principles and by abusing this dangerous situation, in violation of international rules and the basic rules of medical professional ethics and with the help of prisoners of war under the protection of international law, unusual biological experiments during armed conflicts against these people lead to severe physical and mental injuries that, in addition to tarnishing the image of medical science, lead to one of the most heinous international crimes called "medical war crimes." The purpose of this study is to explain and analyze this conceptual approach to the phenomenon of medical war crimes and to present its examples from the perspective of international regulations and distinguish it from similar concepts to provide intellectual infrastructure. Special rules are necessary to develop the protection of victims of this range of international crimes in light of current social developments.
Keywords: Medical war crime, International criminal court, Rome Statute, Geneva Convention

Keywords

Abbasi, Mahmoud, Medical Law- Organ transplants, Tehran: Hoghooghi Publishing, First Edition, 2004. [In Persian]
Aghaie-nia, hossein, Criminal Law- Crimes Against Persons, Tehran: Mizan Publishing, Second Edition, 2010. [In Persian]
Aguis, sylvan, Kohler, Richard, Aujean, sophie, Ehrt, Julia, huaman Rights and Gender Identity Best Practice Catalogue, ILGA Eroupe pub, Brussels, 2011.
Azmayesh, Seyyed Ali, Lectures on General Criminal Law, second semester of the academic year, (2003-2003). [In Persian]
Beigi, Jamal; “Katanchi, Elnaz, The International Criminal Court's Approach toward Victims of Sexual Assault’s Psychological Damages”, Tehran: International Studies Journal, Volume 15, Issue 2 - Serial Number 58 Autumn 2018. [In Persian]
Boas et al., G. Elements of Crimes under International Law, 2008.
Bothe et al., M. New Rules for Victims of Armed Conflicts - Commentary on the two 1977 Protocols Additional to the Geneva Conventions of 1949, 1982, 2010.
Dörmann, Knut, Elements of War Crimes under the Rome Statute of the International Criminal Court, Tehran: Majd Publishing, Second Edition, (2018). [In Persian]
Dörmann, K. Elements of War Crimes under the Rome Statute of the In ternational Criminal Court - Sources and Commentary, 1st edition, 2002.
Emami, Asadollah, Comparative studies of lineage and gender reassignment in Iranian and French law, Tehran: Mizan Publishing, Second Edition, (2013). [In Persian]
Firouz Mahmoudi Janaki, The Foundations, Principles and Methods or Decision-Procedure of Criminalization, Ph. D thesis, University of Tehran (2004). [In Persian]
Fleck, D. The Handbook of Interna- tional Humanitarian Law, 2008.
ICTR Prosecutor v. Elizaphan and Gérard Ntakirutimana, Tria, l Chamber Judgment of 21 February 2003.
Kant, Immanuel, The Metaphysics of morals, 1991: op. cit.
Kress, C. “War Crimes committed in Non-International Armed Conflict and the Emerging System of International Criminal Justice”, 2000.
La Haye, E. War Crimes in Internal Armed Conflicts, 2008.
Maghami, Amir, “Globalization of International Criminal Law and Iran's Response”, presented at the Conference on Globalization of Law and Its Challenges, Mashhad, 2014.  [In Persian]
McCoubrey, H. “War Crimes: the Criminal Jurisprudence of Armed Conflict”, 1992.
Mettraux, G. International Crimes and the adhoc Tribunals, 2005.
Miller, M, Alice, Vance, S, Carlos, Sexual health and Human Rights: European Region, 2010.
Mohammad Nasl, Gholamreza, The Collection of Provisions of International Criminal Court, Tehran: Dadgostar Publication, Second Edition, (2012). [In Persian]
Moir, L. “Conduct of Hostilities - War Crimes”, 2009.
Oflaherty, Micheal, Fisher, john, Sexual orientation, Gender Identity and International Human Rights law: Contextualizing Yogykarta Principles, Human Right, Vol2, pub Oxford Universitypress, 2008.
Poorbafrani, Hassan, International Criminal Law, Tehran: Jungle Publishing, Third Edition, (2011). [In Persian]
Rahiminejad, Ismail, Human Dignity in Criminal Law, Tehran: Mizan Publishing, First Edition, (2008). [In Persian]
Richard, W. War Crimes in Internal Armed Conflicts, 2008.
Safari, Mohsen; Amir Shahkarami, Seyyed Mehrdad, “Comparative Study Of Transsexuals' Social Rights In International Instruments, Common Law And Iranian Legal System”. Tehran: Public Law Studies Quarterly Journal, SUMMER (2016) , Volume 46 , Number 2. [In Persian]
Sandoz et al., S. Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, 2011.
Schabas, W.A. An Introduction to the International Criminal Court, 2nd edition, 2004.
Solf, W.A. “Development of the Protection of the Wounded, Sick and Shipwrecked under the Protocols Additional to the 1949 Geneva Conventions”, 2009.
Torrelli, M. “La Protection du Médecin dans les Conflits Armés”, 1984.
Weindling, P.J. Nazi Medicine and the Nuremberg Trials - From Medical War Crimes to Informed Consent, 2004.
Whittle, Stephan, Respect and Equality: Transsexual and Transgender Rights, Cavandish Publishing limite,2002.
Williams, John Reynold, Medical ethics manual, Rasht: Gap Publishing, First Edition, (2010). [In Persian]