The Requirements of Criminal Protection for Women and Its Challenges in the Realm of Iranian Criminal Law and in the Light of Humanitarian Law

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Seyed Milad Alizadeh Javaheri, Dr. Abbas Sheikh Al-Islami, Dr. Jafar Koosha

Résumé

In the field of humanitarian law, the principle of distinguishing between the military and civilians and the prohibition of inhumane purposes and practices during armed conflict are among the fundamental principles that are important. One of the most vulnerable groups during the war is children, and criminal protection of them is necessary in the realm of the legislative policy of any country. The purpose of writing this article is to study the criminal protection of children through a descriptive and critical method with a comparative view in international instruments, especially the Convention on the Rights of the Child and the four Geneva Conventions with Iranian criminal law, and the challenges of Iranian criminal law. Identify.


The findings of the study indicate that, firstly, criminal protection of children is mentioned in numerous and scattered legal articles and Iran's criminal policy lacks the necessary coherence. Second, Iran's penal code is for peacetime only and does not formulate specific rules for wartime. Third, the most important challenges for Iran's accession to humanitarian law treaties are the fundamental and ideological differences between Iranian and Western law, the legitimacy of the conditional right, and the religious nature of humanitarian law in Iran. Fourth, it seems necessary to pay attention to the capacity of the Islamic Republic of Iran and to highlight Iran's policy in acceding to the Protocol to the Prohibition of the Use of Children in Armed Conflict. Fifth, there is a fundamental challenge in the penal code of Iran regarding the imposition of punishments, including the execution of children under the age of 18 in minor offenses punishable by retribution, and the imposition of certain corporal punishments.

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