Abstract:

This study examines the criminal liability of participants and accomplices in the crime of genocide under Iraqi and Iranian law, focusing on persons who are not principal perpetrators but contribute through participation, incitement, provision of means, or facilitation. It first explains the concept of genocide and the specific intent required for its commission, then compares the forms of participation and complicity in both legal systems. In Iraqi law, Articles 11 and 15 of the Law of the Iraqi High Criminal Court, together with Articles 47 to 50 of the Iraqi Penal Code, are analyzed. These provisions regulate liability arising from joint commission, ordering, incitement, agreement, provision of means, and assistance in committing the crime. In Iranian law, Articles 125, 126, and 127 of the Islamic Penal Code of 2013 are examined with regard to participation, complicity, unity of intent, the temporal relationship between the conduct of the accomplice and the principal offender, and punishment. The study also evaluates the applicability of these general rules to genocide in light of its specific nature and principles of international criminal law. It concludes that liability must be based on a precise connection between the participant’s or accomplice’s conduct and the principal crime, ensuring accountability without extending responsibility beyond statutory limits.