Scope of the Applicability of Criminal Law to Crimes Committed on Board Ships: A Comparative Study Between International Treaties and National Legislation of Islamic States

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Ruhollah Akrami, Mukhallad Abdul Karim Hadi Al-Shaibani

Abstract

The topic of the scope of applicability of criminal law to crimes committed on board ships is a significant issue in criminal law. It focuses on examining the extent to which national and international laws address offenses occurring on ships, particularly in international waters. This study aims to conduct a comparative analysis between international treaties and national legislation in Islamic states to clarify the legal framework governing such crimes. Ships represent a unique legal environment where national and international jurisdictions overlap in a complex manner. With the growth of maritime traffic and international trade, the need for a clear legal framework defining criminal jurisdiction becomes increasingly important to ensure justice and combat crimes. This study seeks to answer the key question: To what extent do national criminal laws apply to crimes committed on board ships, and what role do international treaties play in regulating these jurisdictions? The central focus of this research revolves around: How can national legislation in Islamic states be reconciled with international treaties in defining the scope of criminal law applicability to crimes committed on ships. A descriptive-analytical approach has been adopted in this study, involving the analysis of international and national legal texts, with a particular focus on Islamic states. These texts have been compared to identify their strengths and weaknesses. Additionally, legal precedents and jurisprudential interpretations related to the subject have been examined. The study has reached several important conclusions based on an analysis of the national legislation of various Islamic states. The key findings include:

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