The legal element of the crime of human cloning

Abstract

The legal pillar means the legal texts that criminalize the act based on the principle that there is no crime and no punishment for children according to the law. The importance of criminalizing human cloning, given its modernity, requires research into these texts. The United Arab Emirates is the only country in the Asian continent that absolutely criminalizes cloning operations under a special law. The Emirati legislator stipulated in Law No. 10 of 2008 regarding medical liability (to criminalize human cloning operations), in accordance with Article (10) in Chapter One under the title Medical Liability. Tunisia is the first Arab country that was subjected to the criminalization of human cloning operations according to the provisions of express legality, Or include punitive provisions within the Penal Code, but the Egyptian Code of Ethics for the Medical Profession included a text prohibiting cloning operations, and the Iraqi legislator did not regulate the criminalization of human cloning, and the research problem appears in the lack of legislation regulating human cloning operations. As for the level of foreign countries, the legislator issued Federal law in the United States of America regarding human cloning(2001 issued on July 31, 2001 AD, which ended the controversy surrounding technology for nuclear transfer (cloning) by prohibiting human cloning through this law simply by conducting it or participating in its procedure, and making that act a crime requiring the imposition of a criminal penalty on its perpetrator, considering it a federal crime. At its fifty-sixth session, the General Assembly decided to establish the Ad Hoc Committee to consider the elaboration of an international convention against the cloning of human beings. This committee met for the first time in February 2002 to discuss the proposal presented by France and Germany to prevent human cloning for reproductive purposes, in order to develop initial recommendations on the legal points that the agreement should address. The Islamic Republic of Iran led the public campaign, while Egypt and Jordan played an important role. During the deliberations, the United Nations was unable to reach the approval of an international treaty binding on member states. Rather, it ended with the United Nations Legal Committee agreeing to draft a non-binding political declaration instead of enacting an international treaty prohibiting human cloning. Thus, the international organization rejected the campaign led by the United States of America to impose a comprehensive ban on human cloning operations.