A Comparative Study of Crimes Against Humanity in the Laws of Iran and Myanmar (Relying on its Criminalization in Jurisprudence Rules)

Document Type : Original Article

Authors

• Sajad Rahmati torkashvand ¹
• جمال Beigi ²
• babak poorgahremani ²

¹ PhD student, Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran

² Associate Professor, Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran

Abstract

The basis of the criminalization of crimes against humanity is the protection of human rights and includes crimes that violate human values and international rules. The reason for its criminalization is the international criminal protection of interests. It is society and legal principles that are respected by the international community. In order to deal with it, international organizations have compiled the statute of the International Criminal Court so that there is an executive guarantee for the crimes committed. Most of the governments have criminalized these crimes in their criminal laws, however, it is not foreseen in the criminal laws of Myanmar, but the examples of crimes against humanity have been counted in it. In the criminal law of Iran, there is no independent criminalization in this case and the perpetrators of crimes against humanity are prosecuted according to the statute of the International Criminal Court, therefore this article seeks to examine crimes against humanity in the criminal law of Myanmar. And it is necessary to criminalize it by referring to jurisprudential rules, and the research method is descriptive and analytical and data gathering is also phishing. The method of carrying out the research was qualitative and the findings of the research indicate that in the law of Iran and Myanmar, crimes against humanity are not criminalized independently, but in Iranian law, examples include; Murder, rape, illegal detention, and torture have been criminalized and require an independent law based on jurisprudence.

Keywords

• Crimes Against Humanity
• Hriminalization
• Jurisprudence Rules
• Myanmar Regulations
• Iranian Regulations

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