Legal protection for dead bodies and cemeteries under Iraqi laws and international legislation

Abstract

Protecting and respecting the human body, whether in time of life or at death, is a principle that ancient and contemporary civilizations have been keen on. Protection of the human body has become an international issue that has brought the attention of the international community to deal with it. International law asked the states to enact laws to ensure this protection.

The Iraqi legislator paid attention to the importance of the sanctity of the human body at his death, whether it was in a time of peace or war. prejudice the remains of the dead or attack them are prohibited according to Iraqi legislation.

However, the restriction penalties provided by the Iraqi legislation for any act of attacking the dead bodies or their remains, or violating their graves, such as imprisonment or a fine, or both, were not sufficient to deter these crimes. The phenomenon of attacks on cemeteries and the bodies of the dead and their erection has increased recently.

Therefore, it was important to research on this topic to pay attention of Iraqi legislator to the importance of re-thinking about the punishments set out in laws.

This research relies on critical analysis to the literature review and the critical analysis of the international and local laws regarding the issue of protect the body of dead to answer the question of the research about are the Iraqi legislations adequate enough to protect the body of the dead?