法兰克福法院对雅兹迪人的种族灭绝——对塔哈·朱马利案的法律分析研究

A. Ahmed
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引用次数: 0

摘要

雅兹迪人是中东地区最古老的民族和宗教团体之一。大多数雅兹迪人居住在伊拉克西北部,在Shingal山周围和Shekhan地区。纵观历史,雅兹迪人面临种族灭绝和许多国际罪行,最引人注目的是2014年伊拉克和叙利亚伊斯兰国(以下简称ISIS或IS)的种族灭绝,造成了重大的国际影响。联合国在几份报告中承认这些暴行是种族灭绝。此外,数名ISIS肇事者已在多个州被起诉。然而,德国法兰克福地区高等法院(下称法兰克福法院)对Taha Al-Jumaili的判决被认为是根据绝对普遍管辖权,并从法律角度,作为密集努力的结果,承认对雅兹迪人的罪行为种族灭绝的第一个决定。本研究旨在对法兰克福法院判决Taha Al-Jumaili的决定进行明确的法律评估,并将其与国际公认的刑法标准进行比较。所使用的方法是一种法律分析方法,以审查相关的国际公约、法律和法院规则。研究结果表明,上述决定具有宝贵的法律依据,因为法兰克福法院在其决定中得出结论认为,如果罪行中存在种族灭绝的法律条件,则可以通过杀害一人来实施种族灭绝,在Taha Al-Jumaili一案中就是如此。从这个意义上说,屠杀一个人就可以构成种族灭绝罪。Taha Al-Jumaili的刑事责任是谋杀一名雅兹迪女孩,他被以种族灭绝罪判处无期徒刑。这一判决符合国际公认的刑法标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili
The Yazidis are one of the oldest ethnic and religious communities originating from the Middle East. The majority of Yazidis reside in northwestern Iraq, in the areas around Mount Shingal and the Shekhan district. Throughout their history, Yazidis have faced genocide and many international crimes, most notably the 2014 Genocide by the Islamic State in Iraq and Syria (hereafter referred to as ISIS or IS), which had a significant international impact. The United Nations has recognised these atrocities as genocide in several of its reports. Moreover, several ISIS perpetrators have been prosecuted in various states. However, the verdict of the Frankfurt regional high court in Germany (hereinafter referred to as the Frankfurt Court) to sentence Taha Al-Jumaili is considered the first decision acknowledging crimes against Yazidis as genocide based on absolute universal jurisdiction and, from a legal perspective, as a result of intensive efforts. This research aims to conduct a clear legal evaluation of the Frankfurt court's decision to sentence Taha Al-Jumaili and compare it with internationally recognised criminal law standards. The method used is a legal analysis method to examine the relevant international conventions, laws, and court rules. The research findings indicate that the aforementioned decision has a valuable legal basis, as the Frankfurt Court, in its decision, concluded that Genocide can be committed by killing just one person if the legal conditions of Genocide exist in the crime, which they did in the case of Taha Al-Jumaili. In this sense, a genocide crime can be committed by killing a single person. Taha Al-Jumaili's criminal liability was the murder of a Yazidi girl, and he received a life sentence as a Genocide criminal. This sentence is in line with internationally recognised criminal law standards.
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