International cooperation in combating biological terrorism as a crime against humanity

سال انتشار: 1402
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 81

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شناسه ملی سند علمی:

MEDICALLAW01_211

تاریخ نمایه سازی: 7 تیر 1403

چکیده مقاله:

Biological terrorism is defined as the deliberate release of biological factors to cause disease or death in people, animals or the environment with the aim of creating terror and forcing the government or international organization to take action based on a political, national or religious attitude.The potential vulnerability to bioterrorism is very serious, in the United States in ۲۰۰۱, four mailings containing the anthrax bacteria resulted in the illness of ۲۲ people, the death of ۵ people, and the cost of $۲۳ million to clean up contaminated sites. Therefore, due to the deadly results of these attacks, all-round criminal fight against it should be considered in the domestic and international dimension. But there are serious challenges in knowing it as a crime against humanity.Method: This article has been done in a descriptive-analytical way by collecting information in a library form and by referring to documents, books and articles.Ethical considerations: In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been respected.Results: If biological attacks qualify as defined in Article ۷ of the Statute of the International Criminal Court in the form of a "widespread" or "systematic" attack against a "civilian population" and with "knowledge of that attack", it can be committed. It is considered a crime against humanity and according to Security Council Resolution ۱۵۴۰ (۲۰۰۴), a framework is created for countries to prevent the development, acquisition, manufacture, or transfer of nuclear, chemical, or biological weapons by non-state actors as well. But the fight against biological terrorism requires a simultaneous national and international response from technical and specialized aspects. These attacks are increasingly favored by terrorist groups due to the large number of casualties, long-term complications, rapid spread, and lack of efficient identification systems, the spread of the feeling of insecurity, the existence of a latent period, cheap costs, and easy access. For this reason, the criminalization of these attacks is important both in domestic laws and in international obligations, and a mere legal response is not enough in the fight, but the dimensions of international cooperation should also include technical, medical and security measures.Conclusion: Bioterrorism is a serious threat from terrorist groups and the intersection of international law and human rights (the right to life, the right to health and the right to a healthy environment) in the field of threats to national and international security, human rights violations and it is considered peace. Therefore, in the criminal dimension, the issue of criminalization, the jurisdiction of the courts, international assistance, and in the dimension of the law of armed conflict, severe civilian casualties, support for victims, the possibility of terrorist attacks reaching the threshold of an armed attack, acting as a weapon of mass destruction, and the impossibility of observing the rules of supervision raises the issue of armed conflict rights, these issues require criminalization, the adoption of an effective criminal policy, and international assistance. Apart from legal measures, health cooperation is also necessary in an effective and successful response to a bioterrorist attack.

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نویسندگان

Leila Mirbod

Lecturer of International Law, Department of Law, Islamic Azad University, Rasht Branch, Gilan, Iran

Mohsen Khakzad Shahandashti

Assistant Professor, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran