جستجوی مقالات مرتبط با کلیدواژه « principle of military necessity » در نشریات گروه « علوم سیاسی »

The impact of strategy and strategic considerations on the war, whether in decision to implement or not implement the war or how it is implemented, is undeniable. But the answer to the question of which aspects of law of war that is affected by these considerations and what is the effect on each of them. requires careful analysis of both fields of study. Therefore, all categories related to war, especially law of war, have been affected by strategic considerations. The law of war on its totality is shaped by considering these considerations as a principle - based law, trying to balance between the principle of military necessity and the principle of humanity that is why its rules are common and general. Such characteristics, affect the interpretation and implementation of law of war, especially its fundamental principles, more prone to the effect of such considerations. This article aims to identify these influences and reveal the ways and means of these influences on the mentioned principle. The findings of this research showed that although strategic considerations have had a significant impact on the basic principles and rules governing the laws of war; But in explaining the issues related to the law of war, it has been neglected and this issue has led to incorrect conclusions and interpretations of this set of laws.

The impact of strategy and strategic considerations on the phenomenon of war, whether in deciding whether or not to wage war or how it is waged, is undeniable. But the answer to the question of which aspects of war law have been affected by these considerations, and what has been the impact on each of these aspects? The law of war as a whole is formed by considering these considerations as a set of principled rights, by trying to strike a balance between the principle of military necessity and the principle of humanity, and for this reason its rules are general and applicable. Such features make the interpretation and application of the law of war, especially its fundamental principles, more susceptible to the influence of such considerations. This article seeks to identify these effects, especially on the principle of military necessity, and to reveal the aspects and manner of these effects on the principle. The findings of this study showed that although strategic considerations have had a significant impact on the basic principles and rules governing the law of war, they have often been ignored by jurists and international judicial authorities in this field.

Military necessity is a principle in the laws of armed conflicts that recognizes the potential non-applicability of legal criteria in certain circumstances and may sub-sequently reduce or eliminate the guilt for seemingly illegal acts in appropriate cases in armed conflicts. This law allows for illegal actions that are necessary to achieve a military goal, and otherwise they must be in accordance with the law. This principle has a widely used and substantial but at the same time vague and non-transparent concept. The lack of clarity in the meaning of this principle and the lack of explanation of the limits of "military necessity" has caused many challenges and damages in the field of internal and international conflicts, and in international political games, it has become a tool for the abuse of great powers. It should be noted that the majority of researchers and scholars view the principle of military necessity as a fundamental principle in the laws of war, but there is a disagreement as to whether this is a restriction on the use of force or a justification for violence. According to the author, the principle of military necessity can be examined with two attitudes and approaches: a) Permissive approach; b) Restrictive and deterrent approach. In order to minimize abuses and concerns about violations of the law by exploiting the principle of military necessity, we must provide a comprehensive definition of this principle in which the terms and conditions are clear.