The Statute of Limitations of Actions of Victims of the Use of Chemical Weapons during Iran-Iraq War

Abstract

Statute of limitations is an obstacle to sue and prosecute crimes. According to the nature of the actions, nature, purpose, effects and rules governing statute of limitations will be different. In relation to the breach of the rules governing the prohibition of the use of chemical weapons at the time of international conflict, both types of statute of limitations emerge. Considering the passage of time from the end of the Iran-Iraq war, the statute of limitation in cases involving the use of chemicals weapons during the war would be a defense in national and international courts. In this article, through explaining the statute of limitations in national and international legal systems, I conclude that although it is possible to prosecute and punish perpetrators of the use of chemical weapons during Iraq-Iran war before the national courts, statutes of limitations have posed a major obstacle to reparation claims. Statute of Limitations, War Crimes, Chemical Weapons

Keywords

• "statute of limitations"
• "war crimes"
• "reparations"
• "chemical weapons"
• "punishment"