Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Sep 2021)

Medical War Crime, Conceptual and Exemplary Approaches

  • Jamal Beigi,
  • Farhad Ghahhar

DOI
https://doi.org/10.22054/jclr.2022.50880.2078
Journal volume & issue
Vol. 10, no. 36
pp. 229 – 260

Abstract

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AbstractThroughout history, the phenomenon of war, as a painful reality in human life, has always been full of suffering, and therefore the international community has tried to reduce its destructive and harmful effects by enacting international humanitarian law. In the meantime, individuals, including physicians, in some cases and in violation of their professional duties and ethical principles and by abusing this dangerous situation, in violation of international rules and the basic rules of medical professional ethics and with the help of prisoners of war under the protection of international law, unusual biological experiments during armed conflicts against these people lead to severe physical and mental injuries that, in addition to tarnishing the image of medical science, lead to one of the most heinous international crimes called "medical war crimes." The purpose of this study is to explain and analyze this conceptual approach to the phenomenon of medical war crimes and to present its examples from the perspective of international regulations and distinguish it from similar concepts to provide intellectual infrastructure. Special rules are necessary to develop the protection of victims of this range of international crimes in light of current social developments.Keywords: Medical war crime, International criminal court, Rome Statute, Geneva Convention

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