Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts: Taking a Look at Iran- Iraq War Case (1980)

On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors, had organic chemical warfare units and a wide variety of chemical materials and delivery systems. The continuous use of chemical weapons by Iraq against Iran during the war was indeed in violation of Iraq's obligations under 1952 Geneva Convention Protocol and also the principals of international humanitarian law. However taking a look at Iran-Iraq war demonstrates that two aspects of responsibility in this case could be distinguished. While the perpetrators of war crimes are responsible for the acts in their individual capacity, the State is also responsible for its international wrongful acts. In this article the different aspects of the case will be examined in theory and practice.