The crime of taking the prisoner’s money A study of the Iraqi military penal code in force

Abstract

Activating the human dimension in wars has become one of the requirements for preserving the lives and property of combatants, especially after they fall into the hands of opponents on the battlefield. This activation stems from a necessity in crime based on balancing the constitutional value of rights and freedoms and the social philosophy rooted in society, as well as harmonizing what has been committed to. The state authorities engage with the international community through the legitimate international agreements it has concluded, ratified, or acceded to, which is inevitable. Prisoners of war are among the categories that the national legislator must surround with protection, given the psychological state they suffer from the moment they fall into the hands of opponents during battles, and that extending protection is not limited to lives, but extends to their property, and criminalizing the theft of a prisoner’s property is one of the forms of protection for the property of this category, and for this reason The crime is subjective, distinguishing it from other suspected types of crimes against property. It also has special elements in its physical element, which are the characteristics of the perpetrator and the victim. It is a crime of special intent, which is the intention to possess property. Protection must also be extended to the prisoner’s property, weapons, and equipment, as well as The attempt to commit this crime must be explicitly criminalized.