The Evaluation of the Most Suitable Systems of Civil Liability To Compensate Victims of the Crime of Genocide According to the Iraqi Civil Code/ A Comparative Study With Some Well-Established Standards in the Comparative Law
DOI:
https://doi.org/10.35246/t1mysr95Keywords:
Crime of Genocide, Civil Liability from Personal Genocidal Acts, Vicarious Liability, Strict-Liability, Genocidal Intent, Reasonable Foreseeability StandardAbstract
This article of research is concerned with studying as well as evaluating the most suitable civil liability system for compensating the victims of the crime of genocide from the damage resulting from genocidal acts, according to the rules of the Iraqi civil Code No. (40) of 1951. In comparison with some well-established standards in the comparative law, particularly the English law, the most important of which are the reasonable foreseeability of the risk standard, and the standard of the created non-reciprocal risk. This study evaluated three types of the civil liability systems, to identify the most appropriate legal system for compensating the victims of the crime of genocide. These systems are the civil liability arising from personal acts, according to the general rules in articles (204) and (202) of the Iraqi civil Code. The vicarious liability of the genocidal acts can also arise. Whereas the third system is the strict-liability, which is based upon the damage, according to the first article of the law on compensation for victims of war operations, military Errors, and terrorist operations No. (20) of 2009. This system of civil liability is known in the Islamic jurisprudence as the principle of the "Cujus est commodum ejus debet essse incommodum", and in the western jurisprudence as the theory of the "created risks". This legal system may be the best for in compensating the victims of the crime of genocide. The problem of the research lies in the determination and evaluation of most suitable civil liability system for compensating victims of the crime of genocide, war operations, military errors and terrorist operations according to the Iraqi law. This study has adopted the analytical comparative research methodology. The main finding of this study is that the strict-liability may be the best system of the civil liability to compensate the victims of the crime of genocide. With the possibility of making use of the two legal standards of the comparative law. The researcher suggests some relevant recommendations to the Iraqi legislator.
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References
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