fereydoon jafari; ali mohebi; hooshang shambayati
Volume 7, Issue 2 , December 2018, , Pages 175-195
Abstract
The rights of prisoners of war are in the realm of humanitarian law, which violatesthe rights of war criminals and provides them with criminal liability. In examiningthe theory of joint ...
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The rights of prisoners of war are in the realm of humanitarian law, which violatesthe rights of war criminals and provides them with criminal liability. In examiningthe theory of joint criminal activity, the aim is to move from individual criminalresponsibility to collective criminal responsibility. In other words, the doctrine ofjoint criminal activity is to replace individual criminal responsibility with jointcriminal responsibility. The International Criminal Court, especially the InternationalCriminal Tribunal for the former Yugoslavia, stated that the war crimes, crimesagainst humanity and genocide of traditional institutions such as participation in andaiding in crime are not relevant to individual criminal responsibility. Rather, a newentity, such as joint criminal activity, brought full criminal responsibility, which ismore effective and efficient in the international arena. In spite of the criticisms thathave been made against it, international criminal law scholars have been reluctant toacknowledge this idea, and the author has become a firm believer in this theory as anIranian prisoner of war in Iraq.
