Evaluation of the restoration of dignity in the Islamic Penal Code

Document Type : Research Paper

Author

Assistant Professor of Law Department, University of Kurdistan

Abstract

After suffering punishment, one of the main concerns of the offender is the ability to return to society and enjoy social rights until be protected from hazards such as labeling. Hence the ratification of a comprehensive and far-reaching regulation about the restoration of dignity is one of the important tasks of the legislature. With the adoption of the Islamic Penal Code, it was expected that after specialized bachelors and complains taken to the rules before, Legal material with high precision should be approved until the rights of the community and the delinquent to be secured. By looking at Articles 25 and 26 of the Islamic Penal Code regarding the restoration of dignity, many issues and ambiguities can be cited which its status is not clear in the criminal proceedings and in many cases with false commentary it can lead to delinquent disadvantages. On this basis, the main question is that what ambiguities and challenges are about subordinate punishments. The article is divided into two parts of obstacles including restoration of dignity and delinquency problems during the period after the criminal process. And with a critical look, it sought to answer this question until to highlight these bugs and to try the legislator will correct them in future revisions and eventually judicial authorities, criminals and citizens will be out of wandering.

Keywords


 
Ambos, Kai (2008) Article 25: Individual Criminal Responsibility, Commentary on the Rome Statute of the International Criminal Court, Second Edition, O. Triffterer, ed. München, pp. 743-770.
Cryer, Robert & et al (2010) An Introduction to International Criminal Law and Procedure, second Edition, New York: Cambridge University Press.
Amenge Okoth, Juliet R. (2014) The Crime of Conspiracy in International Criminal Law, Asser Press, Springer, Hague.
Jain, Neha (2013) "Individual Responsibility for Mass Atrocity: In Search of a Concept of Perpetration", The American Journal of Comparative Law, Vol. 61, pp. 830-872.
Stahn, Carsten (2019) "Modes of Liability, International Law in Action: Investigation and Prosecuting International Crimes", University Leiden, Online Coursera, available at: https://www.coursera.org/lecture/international-law-in-action-2/modes-of-liability-o3nPk (last visited: 4/28/2019)
Stewart, James. G. (2016) "The Strangely Familiar History of the Unitary Theory of Perpetration", The Peter A. Allard School of Law, Allard Research Commons, forthcoming, Essays in Honor of Mirjan Damaška.
Timmermann, Wibke Kristin (2006) "Incitement in International Criminal Law", International Review of the Red Cross, Vol. 88, No. 864, pp. 823-852.
Vajda, Maja Munivrana (2014) "Distinguishing between Principals and Accessories at the ICC", Zbornik PFZ, 64, (5-6), pp. 1039-1060.
Zgaga, Sabina (2011) "Participation in International Criminal Law", Law & Justice Review, Vol. 1, No. 2, pp. 99-132.
 
Cases
ICC, Prosecutor v Thomas Lubanga Dyilo, Pre-Trial Chamber I, Decision on Confirmation of Charges, Case No. ICC-01/04-01/06, 29 January 2007.
ICTY, Prosecutor v Vasiljevic, Appeals Chamber, Judgment, Case No. IT-98-32-A, 25 February 2004.
ICTY, Prosecutor v. Momcilo Perisic, Appeal Chamber, Case No. IT-04-81-A, 28 February 2013.
ICC, Prosecutor v. Germain Katanga & Mathieu Ngudjolo Chui, Pre-Trial Chamber I, Decision on confirmation of charges, Case No. ICC-01/04-01/07-717, P-T. Ch. I, 30 September 2008.
ICC (A), Prosecutor v. Thomas Lubanga Dyilo, Appeal Chamber, Judgment on the Appeal of Mr Thomas Lubanga Dyilo against His Conviction, No. ICC-01/04-01/06 A 5, 1 December 2014.
ICTR, Prosecutor v. Bizimungu, Mugenzi, Bicamumpaka, Mugiraneza, Trial Chamber II, Judgment and Sentence, Case No. ICTR-99-50-T, 30 September, 2011.
ICC, Prosecutor v Thomas Lubanga Dyilo, Judgment pursuant to Art. 74 of the Statute Separate opinion of Judge Adrian Fulford, Case No. ICC-01/04-01/06-2842, T. Ch. I, 14 March 2012.
ICC, Prosecutor v Thomas Lubanga Dyilo, Pre-Trial Chamber I, Case No. ICC-01/04-01/06, 24 February 2006.
ICTY, Prosecutor v. Milorad Krnojelc, Trial Chamber, Judgment, Case No.: IT-97-25-A, 17 September 2003.
ICTY, Prosecutor v. Blagoje Simic, Appeals Chamber, Judgment, Case No. IT-95-9-A, 28 November 2006.
ICTY, Prosecutor v Mrksic and Sljivancanin, Appeals Chamber, Judgment, Case No. IT-95-13/1-A, 5 May 2009.
ICC (B), Prosecutor v. Germain Katanga, Trial Chamber II, Judgment pursuant to article 74 of the Statute, 7 March 2014.
ICC, Prosecutor v. Ahmad Al Faqi Al Mahdi, Trial Chamber VIII, Judgment and Sentence, ICC-01/12-01/15, 27 September 2016.
ICTY, Prosecutor v. Duško Tadic, Trial Chamber, Opinion and Judgment, IT-94-1-T, 7 May 1997.
ICTY, Prosecutor v. Dario Kordic & Mario Cerkez, Trial Chamber, Judgment, IT-95-14/2-T, 26 February 2001.
SCSL, Prosecutor v.Moinina Fofana & Allieu Kondewa, Trial Chamber I, Judgment on the sentence of Moinina Fofana and Allieu Kondewa, SCSL 04-14- T, 9 October 2007.
SCSL, Prosecutor v. Charles Chankay Taylor, Trial Chamber II, Judgment, 03-01-T, 18 May 2012.
ICTY, Prosecutor v Vasiljevic, Trial Chamber II, Judgment, IT, 98-32- T, 29 Novamber 2002.
ICTY, Prosecutor v. Duško Tadic, Appeals Chamber, Judgment, IT-94-1-A, 15 July 1999.
ICTY, Prosecutor v. Naser Oric, Trial Chamber, Judgment, IT-03-68-T, 30 June 2006.
ICTR, Prosecutor v. Jean- Paul Akayesu, Chamber I, Judgment, Case No. ICTR-96-4-T, 2 September 1998.
ICTY, Prosecutor v. Krstic, Trial Chamber, Judgment, Case No. IT-98-33-T, 2 August 2001.
ICTY, Prosecutor v. Tihomor Blaskic, Trial Chamber, Judgment, IT-95-14-T, 3 March 2000.
ICTY, Prosecutor v. Ante Gotovina, Ivan Čermak, Miladen Markac, Trial Chamber I, Judgment, Volume II of II, IT-06-90-T, 15 April 2011.
ICTY, Prosecutor v. Dario Kordic & Mario Cerkez, Appeal Chamber, Judgment, IT-95-14/2-A, 17 December 2004.