جستجوی مقالات مرتبط با کلیدواژه « مخاصمات مسلحانه » در نشریات گروه « علوم سیاسی »

Crises, including drought, armed conflict, climate change, etc., are emerging issues that threaten national and international security, especially in arid and semi-arid regions, including Iran. Along with the efforts of the governments involved in the crisis to get out of the mentioned situation, some international organizations and institutions, including the International Committee of the Red Cross, are helping countries by emphasizing the promotion of humanitarian rights and the adoption of operational, educational and development-oriented mechanisms. Examining the records of the Red Cross Committee shows the activity of this humanitarian organization during armed conflicts and natural disasters. It is important that the committee needs to pay more attention to the promotion of its support-protection position, taking into account all the facilities and experiences it has acquired. The current research, with an analytical-descriptive approach and the use of international authentic documents, examines the procedures with the aim of developing humanitarian principles and helping the victims of critical situations. The innovation of the research is in examining the approaches, missions and challenges of the Red Cross in protecting water during special situations, and its achievement is that due to the changing shape and nature of armed conflicts and global trends such as climate change and digitization, the Red Cross must adopt systematic solutions in order to maintain readiness and strengthen quick response in critical situations, promote a flexible, sustainable approach and develop expertise in the fields affecting humanitarian actions.

 With the development of new military technologies and the supply of laser weapons and military equipment to the context of international and non-international armed conflicts and the inconsistency of international legal rules and regulations to control and limit the use of said technologies, the witness of concern in the international legal community We are. The use of laser weapons in international and non-international armed conflicts is a violation of the Fourth Additional Protocol of 1995 to the 1980 Convention on Conventional Weapons, in which the use of laser weapons that result in blindness and vision impairment is prohibited. Rule 86 of customary international humanitarian law also prohibits the use of laser weapons. Based on Article 36 of the 1st Additional Protocol of 1977, the governments in the production and use of new weapons and equipment should ensure that they are not prohibited from the perspective of international rules and laws. Using the aforementioned weapons in armed conflicts is a violation of international obligations. The main goal of this research is to verify the international responsibility of governments in using laser weapons in military operations. Therefore, by using an applied research with a descriptive-analytical method to collect the data obtained through library studies and field investigation, we have sought to realize this goal. The result of the research showed that the use of laser weapons is a violation of the above-mentioned international obligations, and considering the conditions of hostilities and the declaration of the governments.

Forests, as the respiratory lung of the earth, play a significant role in the realization of the right to life, and are inextricably linked with other fundamental rights of mankind; forests, as one of the important elements of the natural environment, complete the right to a healthy human environment. And because of their unique characteristics, they have a decisive role in the victory or failure of hostile countries in the wars, and as a result, hostile parties use the forest as providing hostile aims, so they must be fully utilized and utilized. All existing capacities and capabilities are in keeping with it. Every day, the size of the wars increases, and equally one of the environmental resources that are at the true risk of destruction and falling from their scope are forests, so it must be created by building a proper structure with legal requirements to guarantee this God-given blessing Which is considered as an introduction to the enjoyment of human rights, takes coordinated action. This paper seeks to answer the question of how to protect the environment by exploring different international documents, in particular on how to promote the conservation of forest ecosystem resources using the ability of international institutions to formulate a global resolve. Provide the forest environment at a time of volatile conflicts?

The terror phenomenon and terrorist is one of the most dreadful phenomenon that has been developing in a highly organized manner in recent years. In addition to politics domain this issue has been more considered international human rights fields or in the right of armed conflicts domain yet. This phenomenon can also be divided into to targeted and non targeted forms of terrorist operation which due to its high significance ،pursuing each case needs particular condition. Obviously the expansion of international responsible organization in this area is also different. So that , the security council believes that wether the type of terrorist operation is an armed attack or not, will be effective in inscription issuing procedure. Failure of providing a precise definition of the terrorism concept in a way that can be ciled by the legal standard ’has opened way for the expensive and generalization of such actions .comprehension of precise and concept by looking at the future of terrorist acts.’ In particular by Paramilitary Groups and how to cite legitimate defenses by the victim’s government and ‘consequently preemptive measures by other involved ‘can prevent speech such activities and actions ‘as well as generalize them to other

Since the beginning of humanity, war and violence have always been with each other and women as vulnerable groups have the most impact of wars. In fact, when wars are started, women are deliberately targeted and used them to achieve their objectives by different groups. Therefore, due to the position and role of women in the family and society as a core, security and stability of countries are endangered. In a comprehensive perspective, when the countries become insecure, the international community will become insecure. As a result, it is undeniable that the importance of recognizing the adverse effects of armed conflict on women and its impact on international peace and security is essential. In this regard, the Security Council, as the United Nations Executive Director responsible for maintaining international peace and security, has focused on this issue since 1991 and undertaken three actions: 1. the concept of violating women's rights in armed conflict as a threat to international peace and security. 2. Judicial-security measures. 3. Political-security measures.

The right to self-defense has been one of the major issues in international law and has historically existed in international relations in the Middle East since the advent of states in international custom. Therefore, the purpose of this study is to examine the position of legitimate defense in international wars from the perspective of international law with emphasis on proxy wars. The main question of the research is what was the approach of the United Nations in granting legitimacy to the right of defense to its members? The results show that the Security Council has introduced a new expression of legitimate defense by raising the issue of the possibility of resorting to legitimate defense. Until now, the UN judiciary has remained committed to existing rights and, unlike the Security Council, has emphasized the impossibility of invoking legitimate defense against non-state actors. This article also provides an overview of Article 51 of the Charter of the United Nations, which recognizes the right of States to self-defense under certain conditions, and paragraph 4 of Article 2 of the Charter, which prohibits members of the United Nations in their international relations from threatening or using force against territorial integrity. The political independence of any country or any behavior that is not in line with the goals of the United Nations is mentioned. In general, in proxy wars, the states involved must fully comply with the provisions of the law of armed conflict and legitimate defense, including the four Geneva Conventions.

Peace and tranquility in today's world is a citizenship and human right, and human beings have always been concerned with peace and avoidance of conflict, while avoiding conflict has been inevitable for various reasons. In the absence of a coherent and organized system of international relations, it is recognized that the aggrieved state or states can retaliate against a violation of a humanitarian rights obligation. But the scope and conditions of recourse to reciprocity are not unlimited. Human rights obligations have certain characteristics and in some cases are different from other obligations. Humanitarian rights have been established in order to protect civilians, children, etc. The limits of reciprocal actions of states should be in accordance with Article 51 of the Charter and based on respect for principles such as the principle of human dignity, the principle of human behavior and non-discrimination, the principles of restriction in the use of weapons and war tools, the principle of necessity of military action, the principle of separation of persons and property in armed conflicts, and the principle of good faith. The present article has investigated this issue with a descriptive-analytical method with the aim of identifying solutions and measures for better protection and prevention of human rights violations.

Drones, like other military tools and equipment, are subject to the rules of international humanitarian law. Therefore, it is necessary to examine the legitimacy or illegality of the use of these aircrafts within the framework of the rules of international humanitarian law and the regulations of armed conflict. In this regard, the principle of separation, the principle of proportionality, and the principle of precaution and their applicability to drones will be examined. A look at the rules of international law, especially humanitarian law, shows that the use of drones is not inherently prohibited in general, and that these aircrafts themselves do not violate the principles and rules of humanitarian law. Because drones are considered as war tools and equipment, not weapons, the provisions governing arms control do not apply to them and they are not considered as prohibited weapons. But as tools and equipment of war and in order to realize the methods of conflict, they must be able to comply with the principles and rules of international humanitarian law, especially the principle of separation. It is not possible to make a general judgment as to whether drones are generally capable of complying with these rules and the do's and don'ts of the law of armed conflict, and whether any use of them complies with these rules. Rather, it is based on the purpose for which the aircraft is operated, with what capabilities and functions, and in what circumstances and under what control methods.

The terror phenomenon and terrorist is one of the most dreadful phenomenon that has been developing in a highly organized manner in recent years. In addition to politics domain this issue has been more considered international human rights fields or in the right of armed conflicts domain yet. This phenomenon can also be divided into to targeted and non targeted forms of terrorist operation which due to its high significance ،pursuing each case needs particular condition. Obviously the expansion of international responsible organization in this area is also different. So that , the security council believes that wether the type of terrorist operation is an armed attack or not, will be effective in inscription issuing procedure. Failure of providing a precise definition of the terrorism concept in a way that can be ciled by the legal standard ’has opened way for the expensive and generalization of such actions .comprehension of precise and concept by looking at the future of terrorist acts.’ In particular by Paramilitary Groups and how to cite legitimate defenses by the victim’s government and ‘consequently preemptive measures by other involved ‘can prevent speech such activities and actions ‘as well as generalize them to other.

Both human rights and humanitarian law have been developed and complemented to protect human rights and to oblige states to respect human dignity; Human rights are rights that everyone enjoys at all times, even in times of war; Humanitarian law, on the other hand, is a set of international rules that specifically govern the conduct of hostile forces in armed conflict; This article examines the human rights and humanitarian rights approach in wartime and how to support civilians in armed conflict through descriptive-analytical methods; The main question of the present article is what is the approach of these two legal institutions in protecting individuals? On the other hand, the present article seeks to answer the question of whether the rules and regulations of human rights are observed during armed conflict or not? The findings of the study indicate that it is necessary to pay attention to the rules and regulations of human rights in order to protect human dignity in the event of armed conflict, and these two legal institutions complement each other.

The issue of Palestine and the rights of its people has considerable significance and consideration, and so far, various aspects have been investigated. But perhaps has not analyzed from the perspective of the official Israeli assemblies. Therefore, in the present article, we consider the legitimacy of building a separation wall from the point of view of the judiciary in Israel and, in a comparative study with the International Court of Justice, we will examine

Human’s impacts on his perimeter environment are reached to a level that has gotten global essence and importance. The human beings existence and his health are depending on safe and pure environment. Fundamental mission of United Nation's Organization is to save future generations from scourge of war and UNESCO main goal is to assist in order to save peace and security through expansion of cooperation between nations by taking assistance from culture, science and education. During recent century, numerous international and non-international conflicts is targeting the most vital external element of mankind survival by many aggressions and made man engagment to itself. From the beginning of human civilization, water management is the main challenge of mankind and water as the first source of life, has limited human and economical communities. In 21 Century, managing and saving water sources (rivers, installations and subterranean waters) need common ambition in hostility time. Therefore in July 2010, General Assembly added a new right to human rights covenant called “public right of accessibility to clean water” and it announced decade of 2005 to 2015 as water decade with the motto of “Water, Third Millennium Treasure”. The aim of the article is to review the subject that human rights are consist of principles and rules that are observing on the method of supporting and saving water in all of its forms like rivers, water installations and underground sources and how military forces face to this resuscitative material.

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?

Although, international criminal Court based on article 5, subject 1 of its statute, has jurisdiction to investigate war crimes, but it is a complementary, and primary jurisdiction, is special for municipal courts of countries. Municipal courts of countries for investing war crimes, according to crime which was happened in their territory and guilty or victims is their citizen or not, have different principal jurisdiction like, territorial, nationality and universal jurisdiction. Today there is no substantive and procedure limitation. Today, a criterion of realization for internal armed conflicts which is bed of war crimes is much higher than second additional protocol criteria and conforms to existing criteria of international judicial precedent and laws of international criminal law’s statute. Lack of adding nations to four Geneva conventions and additional protocols and also lack of independent criminalization for war crimes in internal law of countries would not prevent municipal courts to investigate.

of cultural properties. In this regard, first special international document that has defined cultural properties is Hague Convention of 1954 that implies the most development of war rights in 19th century. this document defines and determines extent of cultural properties in clauses “a” and “b” of article 1 that has two important requirement; on the one hand, these properties have limited to movable and immovable properties that are in group of tangible properties; and on the other hand, above – mentioned properties must have critical importance for culture of nation that despite this subject, reference or criterion not has predicted for obtaining this. Anyway, the importance of this subject requires that by law Analysis, dimensions of support cultural properties during war and occupation must be studied and existing vogues must be eliminated and problem must be clarified as possible. Therefore, in this paper, regarding to this assumption that ruling behavior during war and occupation and sufficient attention to civil and criminal responsibility of hostiles and military forces and attention to special and usual support mechanisms International Studies Journal (ISJ) / No. 35 / VIsaid in 1954 convention and predicated support mechanism in 1999 second protocol and comprehensive and explicit agreement of governments regarding military necessity can limit disaster of destruction and loot of cultural properties during war and occupation, 1954 convention has studied and described in framework of content analysis method, and in addition to description of subjects such as purposes and extent of convention, three – fold support mechanisms, concept of cultural properties, military necessity, legal, spiritual and material advances in this regard and specially 1999 second protocol that shows progressive dynamism of cultural international rights and international humanitarian law have been evaluated in several independent chapters that attention to creating committee of support cultural properties during war and cultural properties support funding during occupation is an example of this that are two progressive mechanism for efficient support cultural properties during war and occupation.

In the sphere of international humanitarian law, one of the intricate challenges is the»direct participation of non-civilians in armed conflicts «. Although humanitarian laws point to the subject named» direct participation «of non-civilians in conflicts, but don’t present any explanation about it. In this paper, in order to remove the international right gap through introducing this question:» what is the nature and legal impacts of direct participation of non-civilians in armed conflicts? «, first we deliberated the necessitous and the constituent elements of direct participation, causal and inimical relationship observed in direct participation, direct participation alternatives and description of it and also the main principles of humanitarian on direct participation, detestable and non-detestable legal protections of non-civilians participation. The results showed that in armed conflicts time, this is called direct participation that a non-civilian person with the purpose of injuring staffs and enemy equipment has done conflictive behavior or is going to do the same. This kind of participation leads to deletion of the security and trialing of participated person.

This article, after explaining the concept of peace building in the framework of United Nations peace operations, considers the challenges facing it. Peace operations are a complex and inter-related set of activities which lack clear legal status in the United Nations charter, but are accessible instruments for the maintenance of international peace and security. Despite the fact that peace building is a practical approach for the maintenance of peace and security and its positive achievements cannot be denied, it has been confronted with many challenges that diminish its effectiveness. These challenges relate to many factors, the most basic of which is global apartheid: an unjust international order. In addition, the belief also exists that it threatens a new form of western colonialism. In the framework of Western-based institutionalization, based on the liberalism that seeks to impose peace in other societies, it imposes peace without attention to their culture.