Protected interest in mass grave crimes (comparative study)

Main Article Content

Russell Faisal Dalloul

Abstract

The basic interest that the legislator must protect and through which the stability
and continuity of society is achieved is not to attack others, whether they are alive
and dead and because crimes are a violation of the legal rules that the law
criminalizes and are the essence and content of these legal rules, we find that the
Iraqi legislator as he legislates a specific legislation, it takes into account the
interest which is represented by the satisfaction of a specific need of human
needs, which is represented here by the right to live, and not violingat of what is
protected from these interests. It is clear that the main justification for the
intervention of the legislator to issue legal legislation is the existence of a minimum
level of interest, and on the contrary in the case of absence of interest, then the
legal justification for the issuance of the legal legislation is absent. Within the
scope of criminal legislation, when the law gives protection to a specific interest,
العراق
جاهعة هيساى – كلية القانىى
هجلة هيساى للدراسات القانىنيةالوقارنة
ISSN-2521-4675
993
then this interest turns into a legal interest and violating it constitutes a crime as in
the crime of murder or injury, and an assault on certain rights that are to be
determined by the legislator, when the legislator wants to criminalize murder,
he/she bestows protection on the interest of the right to live.
The scope of the protected interest in the crimes of mass graves is the acts that
achieve these crimes which violate the interest worthy of protection, which is here
represented by the crimes that occur at mass graves.So, the aim of this study is to
know the nature of the interest that protects against committing crimes on these
graves, and to clarify the legislation which criminalize such acts affecting the life
and stability of society, as well as to protect evidence from which it is possible to
infer the identity of the victims, and the study is divided into two sections

Article Details

How to Cite
رسول فيصل دلول. (2020). Protected interest in mass grave crimes (comparative study). MIsan Journal of Comparative Legal Studies, 1(2), 329–355. https://doi.org/10.61266/mjcls.v1i2.45
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