چکیده:
and Iraq, the then aovernment of the lllamlc Republic oflran had to pay attention to the l11ue of war compen1atlon due to Iran a1 a re1ult oflraq'1 military a11re11lon. Thi• article ducu11e1 the leaal and political a1pect1 of thl1 l11ue. By mentlonlna the fact that accordln1 to International. re1ulatlon1 frequent breach of International commitments with a1are11lve Intent 11 considered 11 crime a1alnst peace and, therefore, Iraq 11 re1pon1lble for the breach of peace and It 11 Iran'• leaftlmate rlaht accordlna to International leaal norm, to ask for remunentlon. Iraq 11, for several reasons, respon1lble for the be1lnnln1 of Iran-Iraq war: l1norln1 principles of the United Nation, Charter, lnvadln1 another country, blatant breach oflntematlonal humanitarian law, unilateral cancellation of the 1975Al&len Treaty, pollutlna marine environment throuah attackln1 Inactive oil platforms, takln1 advanta1e of weapon, of ma11 destruction, and breachln1 the principle of 1ood nel1hborly relationship. In conclusion, the writer relies on the report presented by the UN secretary 1eneral on December 9, 1991 to the United Nation, Security Council to the effect that Iraq bad Initiated the war and conc:lude1 that a consequence ofbeln1 af1re11or 11 bavln1 to pay remuneration. Then be delves Into way1 o reallzln1 Iran's rl1hts and to achieve It.
خلاصه ماشینی:
Finally, the secretary general of the United Nations said in his report that the only major instance of breaching international law is the attack on Iran by Iraq on September 22, 1980, which cannot be justified in accordance with the UN Charter as well as recognized international laws and international moral codes and is a source of responsibility for the conflict.
Needless to say that in view of those points, international obligations of Iraq due to blatant breach of international commitments, especially committing crimes against peace, aggression and war crimes; have been quite evident and apart from responsibility of the Iraqi government for compensating damages suffered by Iran, Iraqi officials can be individually prosecuted, tried and punished for committing the said crimes.
More surprisingly, the United Nations Security Council failed to observe its obligations in line with the UN Charter with regard to recognizing any threat against peace, breach of peace or act of aggression and to make decisions as to preventing breach of peace, eliminating aggression and suppressing aggressor and adopted a policy of evasion for a very long time until the Security Council, according to Clause 6 of its resolution 598, missioned the secretary general to consult with Iran and Iraq and carry out investigations about responsibility for the war through an impartial delegation that was supposed to report back to the Security Council.