Abstract




War crimes are those which may happen at the national and international level. These include the crimes which violate human values and flagrantly violate international rights and rules in the form of armed conflicts. To prevent the war crimes, international conventions and organizations have written and signed statutes such as statutes of international criminal court (ICC) due to somehow prevent war crimes in the future. Most of counties criminalized war crimes in their rules of law. War crimes were not in Afghanistan’s rules of law as a crime until 2017, but when criminal code was submitted in 2017 the war crimes have been criminalized. War crimes have not criminalized in Iran’s criminal Law, so criminals are prosecuted as ICC rules. Since Afghanistan and Iran countries have similarities and differences in their legal systems which have not been less paid attention to them, in this paper, the author have explained above issues, in detail and also try to explain war crime’s elements, examples, surrounding circumstances.