Against the Starvation in the International Law System: From a Human Rights Violation to an International Crime

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Intentional starvation is a violation of human rights and a crime whose perpetrators have been enjoyed the impunity. Recently, however, the international community has taken steps to prevent and combat it, including in the Rome Statute. Although, its provisions have been criticized for lack of transparency about the elements of crime, especially the spiritual element, or for limiting its commission to international armed conflict and its conceptual development is essential. In view of these considerations, the present article seeks to examine and analyze how a gradual and while violating a human right such as the right to food by governments (with political, military and economic motives) leads to commitment an international crime as starvation. And what is the capacity of international law, including in the international criminal law system and the international human rights system, to prevent the occurrence of this crime and the strategies to combat the impunity of its perpetrators. The answer to this question is very important and vital in the effective guarantee of human rights standards, and over time, it can accelerate and facilitate the international prosecution of serious and gross human rights violations.

Language:
Persian
Published:
International Law Review, Volume:38 Issue: 65, 2021
Pages:
103 to 144
https://magiran.com/p2332822