International Police Studies Quarterly
Year:2020 | Volume:10 | Issue:40|Papers Count:6

Context and Objective: The criminal liability of the subordinates has always been a concern of the international community, because the subordinates shrugged off their responsibilities by appealing to the defense of obedience to the superior orders. The principle is that the ordering authority is responsible, and the excused agent was an excuse for subordinates to escape responsibility. This paper aims to explain the developments regarding defenses of obedience to superiors' orders in the criminal liability of subordinates. Methodology: The present study is applicable in terms of type and purpose, and in terms of nature and method, it has been descriptive and the collection of information has been through the review of documents and receipts. Findings and Results: In the process of interacting with this defense, we have witnessed many developments, prior to World War I; subordinates were responsible for this defense. But the events of the war turned the page and the issue of absolute responsibility was raised. Although a fundamental change took place after World War II; defending obedience to superiors' orders will no longer exempt subordinates. Finally, we want to prove it, today, the defense of obedience to superior orders has become clearer. Thus, the International Criminal Court has taken a more principled position by adopting an approach of absolute responsibility for crimes against humanity and genocide as well as conditional responsibility for war crimes. Keywords: Defense of Obedience to Superior Orders, Subordinate, International Criminal law, Absolute Liability, Conditional Liability, International Criminal Court.

Although terrorism is not a new phenomenon, its emergence with a new face, in the form of non-state and their high power in carrying out terrorist operations, has created a major challenge in international law today. Attention to the September 11, 2001 terrorist attacks by Al-Qaeda and the ISIS terrorist attacks, especially in 2015, has shown the development of the power of these groups, as it requires a more serious confrontation with them today. In recent years, we have faced countries fighting various terrorist groups. The US military attack on Afghanistan and the war with Al-Qaeda, and today the full-scale war in Iraq and Syria by countries with ISIS, support this claim. But there is no doubt that wherever there is talk of war and conflict, international humanitarian Law are the rights that govern these conditions. What is being studied in this study, in addition to examining the challenges of the international community in defining terrorism and articulating general frameworks on the fight against terrorism, is that whether humanitarian Law can be exercised in the fight against terrorism? And if the answer is yes, what legal status can be considered for terrorists in terms of humanitarian law? It should be noted that this research has been done by descriptive-analytical method.

With the development and evolution of societies, the criminal phenomenon has also evolved. Internationalization of crime, professionalization Criminals, the use of new tools and methods in committing crimes and the phenomenon of organized crime They are the most serious manifestations of human civilization. Therefore, the realization of rights and justice is always one of the greatest ideals It has been humanity. In this regard, and with emphasis on increasing international cooperation, the criminal police organization International (Interpol) has been established. This institution has an important mission in judicial and police cooperation He is in charge of international affairs. Objectives of the research: Explaining the position of Interpol and the legal mechanisms governing it, the concept of extradition of criminals and conditions Its principles, barriers and legal effects of extradition and the role of Interpol in the extradition of criminals and legal loopholes in the United States Return of criminals in Iran. Research method: In this research, a descriptive-analytical method has been used. Information collection method Literally by taking notes from books, scientific articles, dissertations, journals and examining documents. The law has been enacted. Findings and Conclusions: Interpol has no special power. In fact, the network connection point is different The 192nd National Police is a force that each operates separately in its own territory. Interpol is a place to exchange information. But because the extradition of criminals or through bilateral agreements States or reciprocity can be achieved by increasing the awareness of governments, respect for legal principles Respecting international commitments.

Background and Aim: Decisions based on error or fault that are issued by judicial institutions and as a result lead to irreparable damages and damages, have wide dimensions that by not identifying and paying attention to the nature They can never be fixed. The criminal laws adopted in 1392 (Islamic Penal Code and the Code of Criminal Procedure) have pointed out some of the weaknesses and ambiguities of the past legislative criminal policy and have specified to some extent how to implement them; Nevertheless, there are many issues that need to be clarified by the legislature. Method: The present research is analytical-descriptive in terms of nature and method and the information was collected through documentary review and filing. Findings: The important issue is how to compensate innocent convicts in the criminal justice system; In fact, these people have been neglected by the legal system, their property, lives, liberties and dignity have been violated; Sometimes the damage will never be compensated, but in any case, the society must do its best and repair the damage in the best way. Conclusion: Identify methods that can put innocent convicts in a situation similar to before the occurrence of damages; It will also be effective to compensate for the lost situations to some extent. The most important of these solutions in this article are in two traditional approaches (public announcement, remedial measures and the possibility of accountability) and modern ones (insurance, social security and positive discrimination). Has been discussed and analyzed.