فهرست مطالب hamed ahmadnia

The regime of international responsibility of States has been questioned by philosophers of international law. Their main critique pertains to the fairness of the burden of its implementation on blameless individuals in that State, and especially to the fairness of their secondary (mostly financial) liability under domestic or international law (e.g., through taxation in order to pay war reparations). This has been coined the Individualist Challenge to State responsibility. This essay starts by debunking that challenge, before taking the discussion a step further to discuss a related (albeit yet unmade) argument of fairness that one may refer to, by analogy, as the Statist Argument. The Statist Argument would endorse the fairness of the current regime of international responsibility of international organizations (IOs) and in particular the absence of secondary liability of member States of a responsible IO. Addressing the Individualist Challenge and Statist Argument together and understanding why regimes of international responsibility law and our moral intuitions about them each pull in different directions, are the two aims of this essay. The essay turns the Statist Argument on its head and argues that secondary liabilities of member States actually amount to a requirement of fairness to the individuals in those States. It thereby contributes to taking further the debate about the reform of IO responsibility law by drawing on arguments in moral and political philosophy, on the one hand, and does so from the integrative perspective of the moral interests of the individual by discussing both State and IO responsibility lawtogether, on the other.

Despite the declaration of UN to protect the world from the scourge of war and its plight, war remained as always the history of the painful reality of human life in the second half of the 20th century, and unfortunately, the rule of sanctioning war, which is among the international rules, has failed to be implemented, and international law on war-preventive law has failed. This has led countries to do their best to develop legal rules governing wars. In this article, the statutes of five international criminal courts, part of the rules on the rights of armed conflict and the evolution of the criminalization of war crimes in the statutes of these courts have been comparatively studied and stated how the rules governing war are becoming more complete and precise every day. Currently, the statute of the international criminal court (ICC) is the most complete international document on the criminalization of war crimes committed by all.

The national security of the Islamic Republic of Iran has external dimensions in terms of its impact on international organizations and is also influenced by the actions of international organizations. The present study seeks to investigate the relationship between the actions of international organizations and national security in the Islamic Republic of Iran. The question that arises is: How do the actions of international organizations affect the national security of the Islamic Republic of Iran? The answer that can be provided is that different governments after the Islamic Revolution have each provided a specific interpretation of the position of international organizations, which in turn has a bearing on national security. Iran is also effective. The two approaches of opposition and interaction with the actions of international organizations are among the most important approaches after the Islamic Revolution. Meanwhile, for reasons such as a new definition of rights and responsibilities, policy-making and governance, as well as a cross-border approach to humanitarian and global issues, the Islamic Republic of Iran pursues the actions of international organizations with a critical and cautious approach. Indicates a lack of definition of national security and a lack of consensus regarding the actions of international organizations. However, a critical approach to these organizations indicates a different and new approach. The method of this research is descriptive-analytical and using documentary and library resources.

One of the important issues in the process of codifying the Draft articles on the responsibility of international organizations 2011 was Responsibility of a State in connection with the conduct of an international organizations.

The method of the present study is descriptive - analytical one.

Honesty and confidentiality have been observed.

The commission in Draft articles allocated the fifth part (articles 58 to 63) to this issue and has considered exclusively some of the state’s acts as state’s responsibility like: Aid and assistance, Direction and control, Coercion, Circumvention of international obligations, Acceptance of responsibility and Committing the behavior that led the injured party to rely on its responsibility.

The Draft articles on the responsibility of international organizations 2011 for various reasons like the lack of adequate support of the injured party suffered from international organizations’ acts and the lack of effective mechanism to prevent the states’ abuse of international organizations’ legal personality doesnchr('39')t have the necessary efficiency and effectiveness to systematize the Responsibility of a State in connection with the conduct of an international organization. Therefore reforming this Draft articles is necessary to resolve the existent gaps.

According to the absence of some behaviors in Draft, such as persuasion and lure of international organizations and lack of accurate differentiation between the responsibilities of the member states, constitutional reforms are necessary to fill the gaps.