جستجوی مقالات مرتبط با کلیدواژه « war crime » در نشریات گروه « علوم سیاسی »

The increased importance of the environment over the past years and its incorporation among the third-generation human rights justify the considerable need to protect it during armed conflicts. Obviously, such conflicts can cause irreparable damage to the environment, occurring either as intentional destruction based on Military Necessity and non-distinction, or as non-intentional destruction resulting from the collateral damage of military attacks. The main research question is: “What is the position of the Principle of Proportionality in environmental protection in connection with the Distinction and Military Necessity principles?” Using a descriptive-analytical approach, this paper sought to assess the relationship of IHL’s three principles of Distinction, Military Necessity and Proportionality with environmental destruction during armed conflicts. It concluded that when the Distinction and Military Necessity principles intersect, a third principle called “synthesis” comes in, seeking to reduce the damage of military operation. Violation of this principle is one of the conditions for committing the war crime of environmental destruction, i.e. the Principle of Proportionality. Since the Distinction and Military Necessity principles can be in conflict with each other during environmental attacks, resulting in the conquest of the Principle of Military Necessity, the presence of the Principle of Proportionality can balance this conflict.

The military offensive against the Yemeni-led Arab-led Arab-led coalition and the firefighting of civilian targets are an illicit justification and a clear indication of the violation of Yemen's territorial integrity.  The legal right to self-defense for the Yemeni people as well as the international responsibility for Saudi Arabia, including the results of this violation, is in the light of international law. The crimes of the Saudis in Yemen are punishable by international criminal law in violation of the principle of separation and non-invasion of civilians and civilian property, the non-use of prohibited weapons and the prevention of the transfer of humanitarian assistance in accordance with humanitarian law, such as acts, Is in violation of the Geneva Conventions and can be considered as a war crime. It can also be seen that with the formation of a coalition and the systematic and systematic attack of Saudi Arabia and the widespread slaughter of the Yemeni people because of their religion, elements of the international crime of genocide can be observed. . Saudi Arabia's unlawful involvement in the attack on Yemen, even if viewed as legitimate in defense of the incumbent president of that country and made it an unconventional armed conflict, is still not justified by the humanitarian violations of the military and civilians.