The punishment of human organ trafficking in international and Iraqi law, a comparative study

Abstract

Criminal thinking in our world today and the methods used by criminal gangs, taking advantage of the means of technology and scientific development, had to be met with deterrent laws that prevented these gangs from operating and benefiting from this development. The evolution of medicine and the qualitative leap in the transplantation of human organs for people in need of it have led transnational gangs to take advantage of the patient's need for the human organ by providing it in illegal and inhumane ways, such as extortion, fraud or coercion, such as kidnapping and other crimes, to provide the human organ or tissue for financial benefit. The crime of selling human organs can only be carried out by several persons, each performing the work of a fraudster, doctor, promoter and carrier. As we have stated, it is a transnational crime, there must have been international and regional conventions and treaties for cooperation among States in combating this organized crime. The United Nations Convention against Transnational Organized Crime and the Protocols thereto had helped to limit the operation of such criminal gangs. Iraq had regulated that Convention in 2007.