المصلحة المحمية في جرائم المقابر الجماعية : دراسة مقارنة

الملخص EN

The basic interest that the legislator must protect and through which the stability and continuity of society is achieved is not to attack others, whether they are alive and dead and because crimes are a violation of the legal rules that the law criminalizes and are the essence and content of these legal rules, we find that the Iraqi legislator as he legislates a specific legislation, it takes into account the interest which is represented by the satisfaction of a specific need of human needs, which is represented here by the right to live, and not violingat of what is protected from these interests.

It is clear that the main justification for the intervention of the legislator to issue legal legislation is the existence of a minimum level of interest, and on the contrary in the case of ence of interest, then the legal justification for the issuance of the legal legislation is ent.

Within the scope of criminal legislation, when the law gives protection to a specific interest, ISSN-2521-4675 993then this interest turns into a legal interest and violating it constitutes a crime as in the crime of murder or injury, and an assault on certain rights that are to be determined by the legislator, when the legislator wants to criminalize murder, he/she bestows protection on the interest of the right to live.

The scope of the protected interest in the crimes of mass graves is the acts that achieve these crimes which violate the interest worthy of protection, which is here represented by the crimes that occur at mass graves.

So, the aim of this study is to know the nature of the interest that protects against committing crimes on these graves, and to clarify the legislation which criminalize such acts affecting the life and stability of society, as well as to protect evidence from which it is possible to infer the identity of the victims, and the study is divided into two sections.