جستجوی مقالات مرتبط با کلیدواژه "اصول انسانیت" در نشریات گروه "علوم سیاسی"

"The Martens clause"which is manifested and its numerous effects in the field of humanitarian rights sources, especially in the 3rd common article, according to the the basic elements included in this declaration,that is,the humanity and Dictate of Public Conscience,have a special place in the construction of the rules of international law.The issue of the rule gap in the production and use of new weapons is one of the human rights challenges for all governments, including the IslamicRepublic of Iran.In this research, which is carried out using an analytical-descriptive method, we are trying to answer the basic question that, "Martens Clause" What is the role of limiting the use of this challenge to make rules and what is its effect on the national security of the Islamic Republic of Iran?According to the numerous works affected by "Martens clause", the results indicate that governments can consider the principles of this declaration as a mechanism for creating rules in customary international law, because until the international community reaches A common goal for the creation of universally binding customary rules, the issue of the belief of legal obligation(opinio juris)to the general principles of humanitarian law, must first be formed in the belief of the governments.The Islamic Republic of Iran, while strengthening its defense base in the field of new weapons within the framework of its national security requirements, should not be oblivious to the developments caused by the Martens clause in rulemaking and should align itself with the legal developments of the world.