The mutual influences and innovations of international humanitarian law and international criminal law in the development and evolution of international law

Document Type : Original Article

Authors

1 Meisam Norouzi. Assistant Prof in public of international law, Department of law, Faculty of humanities, Bu-Ali Sina university, Hamadan, Iran.

2 Department of Law, Payame Noor University, Tehran, Iran

10.48308/jlr.2023.230253.2429

Abstract

International humanitarian law is in a generality and peculiarity in some aspects with international criminal law. International humanitarian law is used as a reference point in understanding and interpreting the rules of war crimes.Conversely, international criminal law is considered as one of the methods of guaranteeing the implementation of the violation of the fundamental rules of international humanitarian law. Therefore, with the aim of examining the degree of mutual influence of these two legal systems from each other and review the scope and examples of this effect, the main question is how the mutual influence of these two legal systems on each other's development and evolution has been?The hypothesis under consideration is based on the fact that these two legal systems help each other to the continuous development and evolution of each other in a mutual effect and in a cyclical relationship. In this descriptive-analytical research conducted in a library manner, the findings show that due to the necessity of a precise definition of crime as one of the basic notions of the international criminal law system, the development of this system has inevitably been led to the elimination of ambiguity in defining cases of serious violations of international humanitarian law and the rules of humanitarian law have also caused the gradual development of international criminal law in the field of new criminalizations and as a result the development of international law In the fields of environmental crimes and crimes against cultural and historical works.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 23 October 2023

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History

  • Receive Date: 15 January 2023
  • Revise Date: 30 July 2023
  • Accept Date: 23 October 2023

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