Use of Chemical Weapons in the Iraq-Iran War under the Perspective of International Criminal Law

Abstract

Out of many heinous crimes done under Saddam Hussein, few had such disturbing and long-lasting human effects as the use of chemical weapons (CW). In order to serve the interests of justice, such serious crimes of international concern should not go unpunished. Based on the treaty and customary laws applicable in the 1980s, the use of chemical weapons was prohibited under international law. Such prohibition in itself (without explicit criminalization) could be a basis for criminal responsibility of the individuals involved. So, if there were competent international tribunals existing to address such crimes, the tribunals would have no problems in terms of legality. But currently, no international tribunals exist with any link to the Iraq-Iran war in the 1980s. The issue of enforcing international law by domestic courts is thus brought into attention. The article concludes that Iranian courts should have jurisdiction over such incidents. In order for the Iranian judicial forums to get involved in an effective manner, it is suggested that legislation is necessary to get into some coordination with international law.

Keywords

• chemical weapons
• geneva protocol (1925)
• domestic application of international law
• iraq-iran war
• international criminal law