جستجوی مقالات مرتبط با کلیدواژه « humanitarian law » در نشریات گروه « علوم اجتماعی »

Asymmetric war is a term that has opened its place in military literature and international humanitarian law texts in recent decades. The most important examples of such battles are conflicts between governments and terrorist or rebel groups. The implementation of the principle of distinction in these wars is one of the most important challenges in the field of humanitarian law. On the one hand civilians are victims of hostile acts of armed groups or retaliatory actions of government forces and on the other hand some civilians are directly involved in the operations of armed groups. The purpose of this article is to answer the question how long do civilians have support in asymmetric battles and under what conditions is this support taken away from them?

This research was done by descriptive-analytical method and data collection using library sources.

The findings of this research indicate that in many cases, violating the principle of separation is a basic strategy for the weaker party in asymmetric war, and one of its effects is the blurring of the border between combatant and civilian. Therefore, the traditional combatant-civilian division does not work in asymmetric conflicts. It seems that the legal protection of civilians active in conflicts depends on the type and extent of participation in the conflict as well as the level of organization of the relevant armed group. Also, it is necessary that the military operations of the governments are carried out with a justified legal justification based on the principle of separation, so that the least damage is done to the civilians. Undoubtedly, solving the existing ambiguities and gaps requires the development of humanitarian rights with the cooperation of governments and international organizations.

The environment is one of the silent victims of war. The effects, methods and tools used in armed conflict remain on the environment of conflict areas and even neighboring lands for many years. The criminalization of actions by individuals and state that lead to severe, widespread, and long-term environmental degradation has been considered in the international law literature since the 1990s.

The method of study of this article is analytical and descriptive using reliable sources, documents and international judicial procedures.

In this article, we have tried to study and evaluate the developments and the legal framework for identifying international crimes from an environmental perspective in some international procedures. The fundamental question is how international environmental crimes have been addressed and developed in some international events and practices. The basic premise of this article in response to this question is based on the environmental crime is not an independent crime but a material element of international crime in the international criminal law literature.

This article will emphasize the legal aspects of the issue of foreign fighters from a human rights perspective and the challenges that have arisen from this phenomenon and the existing concerns and categories arising from this issue between states and in the field of international relations. And the main purpose of this is to explain the international humanitarian rules and regulations in this regard and in order to understand and explain the actions of foreign fighters and to mitigate, mitigate, manage and control the harms and unpleasant consequences of this phenomenon to the desired level and by analyzing the challenges. Has come into being.

The present study was conducted by descriptive and analytical methods.

In the present study, by examining the phenomenon of foreign fighters, which has now become one of the most important concerns of countries in the world with the disappearance of international borders by statements such as ideology and self-interest, legal sources against this fact, including sources and territory Humanitarian law deals with the phenomenon of foreign fighters. Finally, the scope of compliance of existing international laws and regulations governing the category of foreign fighters with humanitarian law was examined and concluded that the existing international laws and regulations related to the category of foreign fighters are largely in line with humanitarian law.

Police investigations are the most sensitive stage of the criminal process; Because the first encounter of the accused with the criminal justice system takes place at this stage.The development of human rights and Article 1 of the Geneva Conventions and the First Additional Protocol opened a new chapter in the concept and nature of the police force's commitment to and observance of humanitarian law in the Occupied Territories and the treatment of accused persons. It has created the defendants' immunity from inhuman treatment and freedom from torture.

The present study, taking into account the existing facts, seeks to answer the question: "What mechanisms exist in international law to prevent violations of international human rights standards in the police investigation process and the protection of defendants from inhuman and degrading treatment in the Occupied Palestinian Territories?", Has examined the existing legal analyzes and facts in a descriptive-analytical manner.

Despite the human rights and humanitarian law commitments of the Occupying State of Israel based on the prohibition of torture under Article 1 of the Geneva Conventions and the First Additional Protocol, human rights instruments, principles of humanity and public conscience, Security Council resolutions and the UN General Assembly. In the field of prohibition of inhuman treatment and harassment of defendants in order to obtain a confession by the police, as a vital example of the right to human dignity, the guarantee of fulfillment of this fundamental human rights obligation faces serious challenges and the implementation of duties and obligations arising from contractual provisions. And customary rules for protecting defendants in the Occupied Palestinian Territories do not work well.

At the Rome Diplomatic Conference (1998), which was held to ratify the Statute of the International Criminal Court, the ban of the use of nuclear weapons was not agreed to insert in the Statute of The Court. However, the disastrous effects of using these weapons, including massive human destruction, environmental destruction and violation of international humanitarian law are obvious to all. There is some of legal requirements regarding the jurisdiction of The Court in cases involving the use of nuclear weapons. Also, the facts that the majority of nuclear-weapon states did not accept the jurisdiction of The Court, and the majority of permanent members of the UN Security Council is formed of these states, reduce the possibility of criminal proceedings against the actions of a person using nuclear weapons. With regard to the characteristics and effects of the use of nuclear weapons, it can be prohibited under the crimes of jurisdiction of the Court, including genocide, crimes against humanity and war crime and prosecuted by the person using it at the International Criminal Court.

The simultaneous support of the Weak (the Oppressed) and the fi ght for saving the oppressed and deprived nations throughout the world is the unique ideals of the Islamic Revolution. The constitution of the Islamic Republic of Iran is the first constitution in the world that has realized the ideal of "human felicity throughout the human society" and has put Iran's principles of foreign policy based on" saving the deprived and oppressed nations" and "unfailing support of the world's oppressed". The theory of "Support Responsibility" based on human rights and humanitarian purpose, in order to compromise the sovereignty of the state and the need for international support against the crimes against humanity of man is presented. In this article, the moral principles which are embodied in the theory of support Responsibility alignment with the Islamic revolution's discourse is discussed.