Feasibility of Dispute Settlement in the Disaster of Mina: A Legal Strategy, Or a Diplomatic Agreement

Document Type : Research Paper

Authors

Assistant professor of the law department, Ferdowsi University, Mashhad

Abstract

The disaster in Mina during the ritual of “stoning of the devil” (Ramy-e Jmaraat) in September, 24th, 2015, led to the death of 464 people of Iranian pilgrims. This event raised numerous legal issues falling in the domain of the international law, civil liability, conflict between the laws and courts and also the international criminal law; meanwhile, the involvement of the political issues has decreased the possibility of resolving the conflict in a logical way. Appealing to the Iranian or Saudi Arabia courts or to the international resources is the recommended strategy; however, the impunity of governments obstacles the course for an appeal to national courts of Iran; on the other hand, the principle of the rule of governments obstacles the course of referring to the international courts. Through a descriptive and analytical method, this article studies the previous similar international cases and it concludes that based on the principle of the territorial eligibility in the criminal law and the law of the location of occurrence of the damage included in the regulations concerning the civil liability, it is possible to refer to the national courts of the Saudi Arabia; however after the relative improvement of the political relations, a more efficient solution is to achieve a conclusive agreement for the recompense of the damages of the victims and accomplishment of a convincing agreement.

Keywords

Political Science
Volume 19, Issue 73
September 2016
Pages 129-150

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