نوع مقاله : علمی- پژوهشی
1 دانشجوی دکتری، گروه حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی، تهران، ایران.
2 استاد، گروه حقوق بین الملل، دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی، تهران، ایران.
عنوان مقاله [English]
Whispers that could be heard from the beginning of the idea of criminalizing genocide in domestic and international forums mainly have opposed to giving an independent identity to this crime and looking at the precedent of proceedings in Nuremberg wanted it to survive as a crime against humanity. Regulation of the genocide convention provided the ground for the legal scrutiny on genocide and crimes against humanity by international tribunals and international lawyers; they sought to find similarities and differences between two crimes by appealing to the teachings of the most highly qualified publicists and domestic and international jurisprudence. The result of this study indicates their approach in material elements and emphasis on the mental element as the only ruby in the heart of the crime of genocide. Considering that the crime of genocide has been emerged from the heart of crime against humanity, it suddenly raises this concern “Is it justifiable to call it the Crime of Crimes among the serious international crimes simply because of issuing a verdict from authority especially that we have witnessed the efforts of ILC in drafting the convention of crimes against humanity and concluding it in recent years”? Realization of such effort is reaffirmation of the heinous nature of the two crime and discrediting the existence of a hierarchy among serious crimes. In fact, the consequences of labelling the Crime of Crimes on the forehead of the government cause bypassing all routes and finding a way to read genocide as crime against humanity.