Punishment for Crimes Against Humanity in Afghan Law and the Statute of the International Criminal Court
Abstract
Crimes against humanity are one of the most serious and unforgivable crimes in international law, which are considered a serious violation of the fundamental principles of the international community from a legal, moral and humanitarian perspective. This article examines the penalties associated with crimes against humanity in two legal frameworks: the domestic law of Afghanistan and the Statute of the International Criminal Court. First, the Afghan legal system and its judicial institutions are analyzed in the context of punishing crimes against humanity, and the challenges in implementing these crimes in the Afghan judicial system, especially after recent developments in the country, are examined. Then, the Statute of the International Criminal Court and its mechanisms for investigating crimes against humanity and determining their punishments are discussed. This section particularly emphasizes the role of the International Criminal Court in establishing global standards for the punishment of crimes against humanity and international cooperation in the prosecution of criminals. The study also provides a comparative comparison between the penalties established in Afghan law and the principles outlined in the Statute of the International Criminal Court, emphasizing the strengths and weaknesses of each. This article aims to analyze the degree of alignment and practical challenges in adapting these two legal systems in dealing with crimes against humanity.
Keywords
Full Text:
PDFReferences
Agha Mirsalim Marzieh Sadat, A Study of Islamic Punishments with a Focus on the Death Penalty, Shahr-e-Qanun Quarterly, Year 3, Issue 10, Summer 2014, pp. 53-55.
Ardebili, Mohammad Ali, General Criminal Law, Third Edition, Tehran, Mezan Publications, Vol. 1 and 2; 2006.
Statute of the International Criminal Court, Collection of Regulations of the International Criminal Court, translated by Gholam Reza Mohammad Nasl, Tehran, Dadgostar Publishing, 2006.
Imani, Abbas, Dictionary of Criminal Law Terms, Tehran, Arian Publishing House, First Edition, 2003.
Asia Foundation, Explanation of the Penal Code, Volume 2, Asia Foundation Publisher, Saeed Publishing House, 2019.
Petersonka, Death Penalty from the Perspective of Human Rights, Translated by Ardebili, Mohammad Ali, International Criminal Law, Selected Articles 1, Tehran, Mizan, 2003.
Jafari Langeroudi, Mohammad Jafar, Legal Terminology, 15th Edition, Tehran, Ganj Danesh Publishing House, 2007.
Jafari Langeroudi, Mohammad Jafar, Detailed in Legal Terminology, Vol. 1, Tehran, Ganj Danesh Library, 1999.
Mohammad Jafar Harandi, An Attitude to the Death Penalty in Islam, Quarterly Journal of Islamic Jurisprudence and Law Research, Summer 2007 (No. 8), pp. 219-236.
Haji Dehabadi, Ahmad, Crimes against Persons (Murder), Tehran, Mizan Publishing, 2017.
Khaleghi Abolfateh, General International Criminal Law, Vol. 1, Tehran; Majd Publishing, 2015.
Khaleghi Abolfateh, Trial of International Crimes, Vol. 1, Tehran; Majd Publishing, 2019.
Durkheim, Emile, Rules of Sociological Method, translated by Ali Mohammad Kardan, Tehran, Tehran University Printing and Publishing Institute, 2009.
Dehkhoda, Ali Akbar, Dictionary, Vol. 17, [under the supervision of Mohammad Moein and Jafar Shahidi], Tehran, Tehran University Printing and Publishing Institute, 2008.
Razavifard, Behzad, General International Criminal Law, Vol. 1, Tehran, Mizan Publishing, 2013.
Shamloo Ahmadi, Mohammad Hossein, Dictionary of Criminal Terms and Terms, Isfahan, Dadyar Publishing, 2001.
Fereydoun Jafari, Evaluation of Theoretical and Philosophical Challenges of the International Criminal Court, Quarterly Journal of Strategic Studies in Public Policy, Summer 2013, pp. 65-91.
Penal Code approved on 25/2/1396, published in the Official Gazette, serial number 1260.
Keriang Sack, Katie Shiazari; International Criminal Law, translated by Behnam Yousefian and Mohammad Esmaeili, Tehran, Samt, 2004.
Mohammad Reza Goodarzi Boroujerdi and Mozaffar Alvandi, Human Rights in the Criminal System and Prisons, Tehran, Rah Tarbiat Publications, 2005.
Moein, Mohammad, Moein's Language, Volume 2, 25th edition, Tehran: Amirkabir Publications, 2009.
Mehdi Niknafs and Masoud Kumari, Crimes and Punishments in the International Criminal Statute and Iranian Criminal Laws, Majles va Pazhouhesh, 38, Summer 2003.
Islamic Encyclopedia at: https://wiki.ahlolbait.com.
https://techrato.com/2020/12/14/variety-of-execution-methods.
DOI: http://dx.doi.org/10.18415/ijmmu.v12i6.6898
Refbacks
- There are currently no refbacks.
Copyright (c) 2025 International Journal of Multicultural and Multireligious Understanding
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
https://ijmmu.com
editor@ijmmu.com
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.