نشریه مطالعات بین المللی
سال پانزدهم شماره 2 (پیاپی 58، پاییز 1397)

Three focal points in the subject of Islamic teachings and human rights can be considered: 1. What are human rights? 2. Where does Islam critique human rights? 3. How is the viewpoint of Islam about human rights? It is clear that human rights in the distant past could have been difficult to enter in religions (Tomuschat, 2008: 18). Islam, like all other religions, did not begin to reconcile with human rights at the outset. It seemed very natural for human rights advocates to extend the rules of freedom of thought, expression, religion, and confrontation with slavery, torture, harsh sentences and executions as a universal belief and value. On the other hand, instead of presenting better ways for the lives of individuals in every religion, a number of religious leaders and scholars from different religions have emphasized points of opposition to human rights. It became perceived that religious laws were in conflict with human rights and some discussed the contradictions of the Shari'a with human rights were raised. This research examines the hypothesis in response to the key question of how reconciliation between human rights and Islam takes place. The authors hypothesize that the shift in the interaction of the Islamic Sharia with Islamic civil law on human rights reduces the link between human rights and Islam. The researcher has used personal studies and research findings.

International crimes, especially sexual assault crimes, are causes for establishing the international court. However, the ad hoc constitution does not adopt an obligation nor provides any measures regarding moral and psychological damage, except the extradition of the perpetrator. The results of this study will indicate that in conformity with the second half of 20th  century’s changes and by paying attention to victims of crime, the International Criminal Court adopted measures that grant a stand to victims of crime. According to the constitution of Rom, article 68, and according to legal procedure and documents at the International Criminal Court, both legal and real persons, can be represented either by themselves or through a lawyer and file a request to be compensated for the crimes done toward them. Compensations include medical, psychological, and socio-economic emergency support in order to achieve their normal course of life. Ultimately, through analytical and descriptive research, this article aims to discuss victims’ position in the ICC and analyzes the method of compensation for psychological damage under the provision of Rom constitution.

By replacing the Human Rights Council with the Human Rights Commission in 2006, one of the measures taken to examine and contribute to the promotion of the human rights situation at the international level was the UPR mechanism or a Universal Periodic Review of human rights. In UPR, each human rights situation of the United Nations Member States will be reviewed every four years and recommendations will be provided by other member states. Discussions on the status of women constitute one of the most important parts of countries’ report to the Council.
The issue of human rights of the Islamic Republic of Iran has been reviewed twice by the Council and recommendations have been provided by other countries. Discussions on women and girls are also part of the national report of Iran
The question posed here is how much the UPR mechanism has essentially affected the growth and advancement of women in Iran? The research in this paper is based on data from the Iranian national reports to the Human Rights Council and comparing the indicators of women's development as well as the recommendations of the countries. The present paper indicates that the status of women in Iran has improved in the two periods of the survey. However, the process of this improvement has been influenced by numerous domestic and international factors, and the World Health Assembly's periodic review of the Human Rights Council has been one of the factors influencing this trend.

The end of Cold War marked the beginning of major changes to the international armed conflicts. The presence of private militaries in the arena of armed conflicts made states no longer be the only actors in the scene. Today's armed conflicts, whether international or non-international, are scenes for totalitarian troops of private militaries, not soldiers and government armies. The expansion of the activities of these armies and the development of services provided by them, including direct and indirect participation, have caused the international community to be concerned about the consequences of such presence and activity. There are important legal challenges regarding the nature and legal status of the private military, and in particular the responsibility of the private militaries. In accordance with the humanitarian law of any persons who participate in any armed conflict for any reason, will be responsible for failure to observe the rules and principles governing the conflict. Establishing the areas of international responsibility, including government responsibility and the criminal responsibility of members of private military forces, is required in accordance with international instruments to create a coherent legal framework. States associated with private militaries will be liable in the event of a breach of obligations by the state in relation to the actions of these armies, in accordance with the obligations arising from international law and international humanitarian law. In addition to this responsibility, violations of humanitarian law in accordance with the provisions of the Geneva Conventions can lead to criminal liability for members of the private military. Given the acceptance of the presence of these armies in armed conflicts, questions arise as to what the legal nature of the private militaries is? What are the private militaries responsible for their actions and activities? What is the guarantee of violating international humanitarian law by private militaries?

Due to the rapid development of human life in the current age, global environment needs protection and conservation through the establishment and implementation of binding and non-binding legal rules. This is the cornerstone of the legal system, derived from the institutional structures of the international system of treaties and non-treaties. World-class international environmental law is determined on the basis of legal measures of functional capacity, shortcomings and limitations, and the diplomatic process environment. Therefore, the purpose of this study is to measure the international environmental law system from a global perspective in light of explanation and review of indicators such as the lack of financial resources, desperation of the system of guaranteeing the implementation, and costly nature of environmental protection. The evaluation of quality indicators such as soft liability and the existence of executive mechanisms and framework of the convention will also be studied. The controversial concern of the authors of this paper is that despite international interactions along the path to excellence in environmental protection and growing development of international environmental law, why environmental hazards are threatening the wider sphere of our globe every day? Are global levels maintained for protecting the integrity of the environment and human dignity? These questions can include many assumptions, but our hypothesis is based on the fact that despite the dramatic development of international environmental law in the light of the treaties and judiciary systems, the performance of governments in terms of procedures and implementation has always disrupted the global environmental order. However, in this study, in addition to explaining the development process, we will address the barriers and shortcomings as well as the future of international environmental law.