Challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights

Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and religion, on the one hand, makes this branch of law have the nature of human rights And on the other hand, by concluding various conventions, it will have the nature of international law. The aim of the current research is to investigate the challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights in the territory of Iran's criminal system.

The present research was done with descriptive and analytical method and using library resources.

The findings of the research indicate that in the process of legal unification of domestic and international systems, some challenges in the field of criminalization of crimes that violate humanitarian rights and criminal responses in external and internal dimensions and in legislative axes. , judicial and executive available. The challenges are mainly rooted in political, fundamental, ideological, legal and structural dimensions that sometimes conflict with each other and make the process of integrating international rules into the domestic legal system difficult. Statistics of crimes and compilation of humanitarian criminal laws, compilation of special laws to protect women and children during peace and war and compilation of appropriate and fair criminal responses by using dynamic inference in Shia jurisprudence, together with considering the rule of sanctity and rejection of religion and Also, reforming the judicial structures is one of the basic solutions to overcome the challenges.