جستجوی مقالات مرتبط با کلیدواژه « national security » در نشریات گروه « فقه و حقوق »

Since the 1980s, due to the emergence of complex threats and the increasingly intertwined relationship of internal and external issues, the concept of national security has become common in international parlence. In such a situation, the need to address the concept of national security, which became a universal concept, was an essential step from the perspective of international law. The International Court of Justice (ICJ) began the process with three judgments issued in the Nicaragua case in 1986, and the Nuclear Weapons case in 1996, and the Oil Platforms case in 2003, which introduced national security concepts such as "fundamental interests, vital interests, and emergencies" into the international law literature. The first manifestations of this practice appeared in international human rights law and then international  disarmament law in the form of treaty terms. By analyzing the above-mentioned views, practices and sources, this paper will examine the formation of a "national security regime" in international law. A coherent and basic regime of specific rules and norms on national security, which is developing.

Over the past decade, the government's reliance on tax revenue has grown significantly, to the extent that disconnecting the general budget from oil revenue and other unstable income sources and replacing them with tax revenue has become a strategic goal of the Islamic Republic of Iran. However, the cumulative effects of more than four decades of a rentier economy reliant on oil revenue, alongside the specific structure of citizen relationships inIran, have raised security concerns regarding the continuation of the current tax policy trajectory. The main question of this article is: In what direction do the current transformations in Iran’s tax system pose security threats? The most important finding of the research is that the increased reliance of the general budget on taxes collected from citizens does not inherently carry a security threat; however, the nature of this process, if accompanied by changes in the structure of citizen-government relationships and structural and discriminatory flaws in the tax system, will lead to security crises for the country in the future. The research method used in this article is analytical-descriptive and based on library studies.

The occurrence of any damage within the agricultural industry can have severe ramifications for national and food security. Addressing this insecurity necessitates international cooperation, foresight, and effective organization among countries. This article explores the potential of employing diplomatic strategies to establish response models for agricultural bioterrorism through bilateral or multilateral agreements and treaties. The central question addressed in this study is whether the Islamic Republic of Iran possesses a specific response model for addressing agricultural bioterrorism, akin to other nations. The examination reveals that Iran lacks a comprehensive risk management model within its criminal policy to prevent or mitigate agricultural bioterrorism and provide timely emergency responses. In contrast, countries like the United States, England, and Australia have recognized the significance of this threat for years, incorporating it into their national security frameworks. This descriptive study draws upon extensive document reviews, referencing numerous sources and articles. The dynamic global landscape, characterized by political, economic, and social transformations, underscores the critical importance of agriculture, which serves as a vital source of employment, self-sufficiency, and food security for nations. Consequently, one of the  most economically impactful strategies that can be employed by malicious actors is targeting a country's agricultural and food supply. Terrorism, as a subject of criminal law and policy, encompasses various forms, with bioterrorism being particularly significant, as it encompasses a wide array of potential threats. An intentional biological attack on the agricultural sector can lead to extensive consequences, giving rise to the phenomenon known as agricultural bioterrorism or agroterrorism. Agricultural bioterrorism involves the deliberate release of pathogenic agents affecting animals or plants with the intent to instill fear, inflict economic damage, and disrupt a nation's stability. The discussion surrounding agricultural bioterrorism is multifaceted and fundamental, posing risks to agricultural products, livestock populations, and human health. Furthermore, it poses a threat to ecosystems and can facilitate the introduction of pests through contaminated seeds, infected livestock, novel fertilizers altering soil structure, tainted meat imports, and biodiversity concerns. In the context of threats to the agricultural industry, the emergence of "bio-agricultural warfare" or "bio-terrorism" as a contemporary phenomenon is not inconceivable.The threats associated with agricultural bioterrorism primarily stem from three factors: a lack of awareness among citizens and agriculture professionals, weak legal frameworks, and inadequate infrastructure to combat agricultural bioterrorism. In recent decades, these threats have undergone significant and complex developments on both domestic and international fronts due to factors such as the ease of transferring and storing biological agents, their ability to reproduce, the difficulty of attributing attacks to specific perpetrators, and the involvement of organized criminal groups. The economic and national security repercussions of an agricultural bioterrorism attack far surpass those of a conventional war, making it a pressing concern in the contemporary global landscape. The globalization of terrorism has allowed perpetrators to operate across international borders without restraint, making no region, government, or nation immune to their actions. Consequently, addressing the multifaceted challenges and threats posed by agricultural bioterrorism demands international cooperation among governments and international organizations.Models serve as valuable tools for navigating the complexity of the criminal process, similar to how natural science models offer coherent plans for experimentation. Within the criminal justice context, models simplify details while highlighting common themes and trends. A comprehensive criminal justice system can incorporate multiple models rather than adhering to a single, isolated model. In light of the interconnectedness of legal systems, it is imperative for contemporary legal systems to draw from the successes of others. Therefore, embracing various models and adopting an optimal criminal policy, in collaboration between government and social systems, offers a promising avenue for preventing and mitigating threats associated with agricultural bioterrorism, both domestically and internationally. This study underscores the importance of localized international regulations, swift and accurate methods for identifying dangerous biological agents, education initiatives, and the enactment of necessary legislation to address agricultural bioterrorism effectively.

Today, the centrality of military security is interwoven with biological and climate issues at the national and international levels, and more than ever, these aspects have received the attention of world leaders and politicians. In this direction and in order to investigate the major environmental issues and the impact of these issues on national security in a descriptive-analytical way and by referring to library sources and examining them, we are looking for an answer to the question that the impact of climate and environmental changes in to what extent is Iran's national security? This study showed that the security approach to the environment, in international law, has a fundamental place in the laws of countries. This issue has had a wide influence in the field of technology, business, industry, energy use. At the same time, work specialization and the growing role of social organizations in weakening the restrictions imposed by the environment have had a tremendous impact on the proliferation of security problems, and as a result, it has weakened the atmosphere of international relations between governments and sometimes led to conflicts. Is. This article also shows that in Iranian law, issues related to water shortage crisis and air pollution have an immediate and vital importance in terms of security and have managed to overshadow national security and authority

Blocking borders in times of emergency has been associated with conflicting interpretations and approaches, so that its interpretation as a governance-oriented issue is intertwined with criteria such as national security. However, it is necessary to adapt the issue of border movement restrictions to the special situations of immigrants, refugees and asylum seekers in the realm of international law and to answer the question: Can these restrictions be synonymous with violating human fundamental rights? be considered Therefore, in this research, which is based on a descriptive-analytical method, it was firstly determined that preventing the access of refugees by blocking the borders is a clear violation of Articles 9 and 33 of the Geneva Convention and governments cannot impose restrictions on their movement. especially that the situation of refugees or asylum seekers is different from ordinary people. Based on the method of analogical reasoning, it was determined: national security cannot act as an element to justify the blocking of borders in widespread epidemics, because the needs of national security must be interpreted based on an objective and potential threat and in practical terms, the threat against national security has also been raised. from a collective reaction.

National security is the manifestation of the legitimacy and political and defense power of a nation-state. In principle, the survival of human beings depends on social life, and social life requires national security. In this case, national security means the security of all people present in a country equally. With a brief look at human life, the emergence of governments can be attributed to the need for security. National security is one of the major goals and one of the main functions of the government. Considering that defense and security issues take precedence over other governance matters, planning and policy-making in these issues requires an independent and specialized institution that, while ensuring national security, recognizes the threats and security damage of the country and strives to eliminate it. . In the system of the Islamic Republic of Iran, in accordance with Article 176 of the Constitution, the Supreme National Security Council was formed for this purpose.In the Islamic Republic of Iran, the Radio and Television Organization has a special position in the public arena, and according to Article 175 of the Constitution, it must ensure "freedom of expression and dissemination of ideas in accordance with Islamic norms and the interests of the country." In this research, the above two institutions in the constitution and ordinary laws have been examined and their place in the relevant laws has been discussed.

Today, the issue of Islamic unity in the country is important in terms of national security as well as in the criminal law system. Because the realization or failure of this component can have positive or negative effects on domestic or foreign security. Therefore, in the present study, which has been done in a descriptive -analytical and library -based research, the effects of supporting the component of Islamic unity in the discourse of the Islamic Republic of Iran from the perspective of national security can be fully freedom of Islamic religions and religions. Constitutional in the constitution in religious ceremonies and personal situations; Naming the Week of Unity and Quds Day; Establishment of the World Assembly of Approximation of Islamic Religions; The sin and forbidden of any speech or behavior that causes divisions between the Muslims (according to Imam Khomeini's fatwa and the supreme leader); From the perspective of the criminal system, he referred to the criminality of "Saban al -Nabi", "insulting Islamic sanctuaries", "insulting Islamic religions or religions" and "propaganda against the system or in favor of opposition groups".

Today, there is no less hesitation in accepting cyber security crimes as a new type of cyber crimes. However, views and opinions on recognizing the scope and criteria of cyber security crimes are diverse and different, based on this necessity and due to the importance of space. Cyber has opportunities and threats, and the prominent role of cyber power in the position of countries in the global power hierarchy. The main challenge is to know the scope and criteria of cyber security crimes, which has caused controversy, so that different divisions The types and examples of security crimes have been presented. It has been stated and it is possible to commit it, including the Law on Punishment of Crimes of the Armed Forces, which has also examined the procedure for investigating these crimes. Showed that for a comprehensive and accurate understanding of cyber security crimes should be intercepted An adaptive-comparative finding was used and a framework based on interdisciplinary perspective and integration of all approaches was considered. Accordingly, an alternative analytical framework based on the linkage of these approaches is presented.

Protecting "national security" is one of the reasons that allows governments to limit the enjoyment of civil and political rights by individuals, organizations, and parties. Compliance with the requirements of this concept, such as the need to protect the rights and freedoms of others, is a reassuring tool for governments to protect their existence, vital interests, and territorial integrity. Despite this, in those governments where national security is organized on a one-dimensional and power-oriented structure, the rights and interests of opponents, including minority groups, may be violated under the pretext of observing "national security". The main question of this article is: “How the jurisprudence of the European Court of Human Rights has interpreted the concept of "national security" in the aforementioned cases?” The present research is written in a descriptive-analytical method using library and internet sources. The author's hypothesis is that the judicial procedure has been devoted to editing and revising this concept to change and adjust it from a one-dimensional and government-oriented concept to a multi-dimensional and people-oriented concept, in such a way that the interests and aspirations of all groups and communities living in a country are provided based on the components of national security in that government.

Linguistic minorities often have their own unique lifestyle, culture, and traditions, and they have distinct demands based on their culture. In short, this demand pertains to their right to use their mother tongue, which is different from the right of each member of these groups to use their mother tongue individually. They demand the right to use their mother tongue collectively and as a third-generation right. However, sometimes the demand for this right conflicts with national security and territorial unity. Some governments, based on their approach to the issue of rights, the conflict between them and the public interest and their own security policies limit the right to the mother tongue and take a confrontational and restrictive stance on both the general right and the specific right to the mother tongue, in consideration of the issue of territorial unity. This study aims to explore and explain the theoretical framework of this conflict and its reasons, and to provide strategies for solving this problem by describing and expanding on various theoretical discourses related to the subject. Another goal of this study is to explore some of the concepts involved in this subject and to examine an appropriate theoretical approach to related concepts, which also aids to answer the main research problem. As research backgrounds, reference can be made to the book "Language Rights and Political Theory" by Will Kymlicka, published by Oxford University Press in 2007, and the book "National Security, Human Rights, Political Legitimacy in Fragile Democracies: An Introduction to the Foundations of National Security Law" by Mehdi Rezaei, published by Khorsandi Publishing in 2018.The main purpose of this research is to explain the relationship between the right of linguistic minorities to use their mother tongue and national security and territorial unity? Within this framework, the present study, while reviewing and analyzing all the concepts involved in the subject, by adopting a reductionist approach towards the rights of minority groups and emphasizing the individual nature of rights, and with attention to the requirements of positive discrimination in insuring group rights, explains and defends the rights of minority groups to the mother tongue and the necessity of ensuring those rights. It also examines and analyzes the relationship between the right to the mother tongue and national security, and territorial unity. It shows that the closer a state's security discourse is to a negative and commodity-based interpretation, the more threatened national security and territorial unity will be, and the more it will be in conflict with the right to the mother tongue. The choice of a political-legal system to adopt a security theoretical manifest has a direct impact on the definition and boundaries of national security in that country, and the degree of its democracy and human rights also has a complete impact on the model and approach of its security discourse. Non-democratic and non-human rights systems that adopt traditional discourse in national security not only refuse to tolerate any objections and opposition by the people but also, based on various security pretexts and through "securitization", initiate suppression and threatening of public freedoms and citizens' rights. However, the modern discourse, with a focus on the citizens' demands, internal vulnerabilities, and socio-economic issues, and with regard to pluralism, democracy, and human rights, seeks security through creating national convergence and synergy. The postmodern discourse, on another hand, looks at national security with a focus on global security centered on human beings and from the perspective of fundamental human rights, culture, and cultural issues. Therefore, the two modern and postmodern discourses not only recognize the right to the mother tongue, but also guarantee it and consider guaranteeing it as a booster of national security. Regarding the right to the mother tongue, political regimes with a traditional security approach see this right and its enforcement in conflict with national security, and thus restrict the freedom of linguistic minorities. Non-democratic and non-human rights regimes, with a security-oriented approach, always label linguistic minorities as secessionist forces and with various titles, including labeling them as threats to national security and unity, and territorial unity, and they restrict the freedom to use their mother tongue. It seems that the democratic or non-democratic and human rights or non-human rights nature of a political system determines which security approach and discourse that system has, and it is this discourse that shapes the government's position on the basic freedoms and rights of the people and following that, the path of that political system will become apparent. In the face of the duality of “the existence of linguistic diversity and minorities increases threats and insecurity”, or conversely, “confronting the linguistic freedoms of minorities leads to their dissatisfaction and desire for secession", the proposition of the authors is the second approach; especially since governments that seek security only outside their borders with a traditional security perspective, naturally overlook internal security threats or even consider their source as foreign, and over time, people’s dissatisfaction with the deprivation of their fundamental freedoms such as linguistic freedom will only be one of the problems and dissatisfactions, and economic and social problems will also prevail. at that time, the centrifugal forces due to injustice, economic deprivation, and restrictions on fundamental freedoms will become more apparent. Therefore, in a general proposition, the less democratic a government is and the less commitment it has to human rights, the more traditional and outward-looking its security policies and approaches will become. It will also restrict domestic rights and freedoms, resulting in an increase in centrifugal forces and threats to national security and territorial unity. Regarding linguistic minorities Specifically, the more the governments disregard democracy and human rights, the more probable that they view national security negatively so as to consider threats only from external or foreign roots. By closing these outlets and making the phenomenon of linguistic diversity and minority mother tongues a security issue, they threaten the freedom of using the mother tongue in many aspects. On the other hand, focusing on militarization to gain security at exorbitant costs, neglecting human rights and freedoms, and the absence of a monitoring and desirable balance system for a democratic system will lead to a "crisis of efficiency" and a "crisis of legitimacy" of that political system, which will result in deep economic and social crises and dissatisfaction, especially among minorities. This economic pressure, coupled with severe repression of the freedom to use the mother tongue, will plant the seed of anomie and subsequently, the revival of separatist movements and threats to national security. Thus, the unity of the land and territorial unity will be compromised.

AbstractThe right to freedom of assembly has been emphasized in international instruments as a human right. Findings of international human rights tribunals have complemented the international Instruments as judicial procedure. No international human rights tribunal on a global scale has been established among the international tribunals. However, among the international tribunals on a regional scale, some courts have established procedures on freedom of assembly. This article through a descriptive-analytical method seeks to examine restriction criteria for the freedom of assembly in the procedure of European Court of Human Rights. The research hypothesis in the article is that the European Court of Human Rights has accepted the minimum restrictions on freedom of assembly by states by meeting criteria higher than those set out in Article 11 of the Convention. The article after elaborating the judicial Procedure of this Court concludes that: First, national security considerations in exceptional circumstances can restrict freedom of assembly; Second, the freedom of assembly has priority over reasonable violation of public order; Third, the freedom of assembly should not restrict the rights and freedoms of other civilians (except as normal); Forth, states should tolerate organizers of associations.

If we look at the legal history of countries that are at the forefront of transparency, we often come across a law called freedom of information. A law that recognizes the right of the public to access government information and that the public can obtain that information upon request. In our country, this law also exists under the title of "free publication and access to information." In presenting freedom of information, in addition to reviewing the nature and requirements of the Freedom of Information Act, we have reviewed global experiences in this field and evaluated the law on "dissemination and free access to information". By watching this presentation, in addition to identifying the strengths and weaknesses of the law on dissemination and free access to information, you can identify alternatives to this law and make suggestions based on transparency to improve this law. The free flow of information in the context of e-government, although it can lead to the growth and development of society and human development, but challenges such as violation of privacy and the right to be forgotten, violation of human security and harm to public and private interests of citizens and Insult, defamation, defamation, and other issues can have devastating social and personal effects. And the main question that arises here is what effect does the free flow of information have on the national security of the country? In this regard, it is acknowledged that the free flow of information is not an absolute and borderless right and should not be in conflict with other basic rights like other human rights. In this article, a descriptive-analytical method is used.

With the rapid development of information technology, achievements such as quick and easy access and the exponential increase of its penetration in society and reckless expression of information, regardless of its accuracy and inaccuracy, has become a sensitive issue in national security. The need to preserve freedom of expression, as one of the most important fundamental human rights in human rights instruments for the transmission of messages and information, has also posed serious challenges to societies.

The present study is applied in terms of purpose. Its statistical population includes students of universities in Maragheh city who were studying in this city in the 98-97 academic year. In this study, the sample size was estimated to be 400 using Cochran's relation. Sampling was performed by simple disproportionate and random stratified method and data were collected through a questionnaire.

The findings of this study show that there is a direct relationship between proper use of social networks, public education, students' trust in the media, the importance of maintaining national security and maintaining freedom of expression with Instagram filtering. The result is that the overlap of freedom of expression with the need for national security led to the inference in this regard, the needs to filter the Instagram virtual network as an important step in maintaining, ensuring and stabilizing national security.

Nowadays economic security, as one of the dimensions of national security, enjoys great importance, so that the effects of having economic power are considered in line with the military power. Therefore, special attention to economic security is necessary and this kind of security can be brought up in both normal and national levels which the latter is related to the national security category. In the Iran constitution, the Supreme National Security Council, as the supreme authority of decision making is considered as one of the most important pillars of decision making. In this regard, the understanding the limits of the Supreme National Security Council competence in the field of economic security is subject to this research. The research method is library-based and descriptive-analytical. The results indicate the special position of the Supreme National Security Council in the adoption of economic security decisions from the perspective of national security. It is not possible to violate or suspend economic principles enshrined in the constitution, but the Supreme National Security Council’s approvals are considered more important than the normal laws and parliament does not have the possibility of violating, amending or stopping its approvals.

Considering the evolutions of international relationships in modern world, development of the related needs of human society in social, economic, political, and cultural grounds in particular, and human societies entering trade and technological competitions, it seems necessary to provide a new classification of the concept of human security to be more compatible with current realities in the development of international trade. Accordingly, it is necessary, first, to examine transition from the concept of national security towards economic security, then, suggest and explain modern concepts in the field of human security. Accordingly, in the present research, the concept of human security has transited from merely military and environmental necessities and, in a modern approach, is considered in the form of the concept of international trade with the aim of protecting the trade data. Also, in this research, edited based on inductive method and library studies, the prevention principle is considered, as a modern method, to prevent trade data and intellectual property from being leaked to trade security to be realized.

Citizenship is one of the most important concepts that represent the relationship between the individual and society in terms of rights, duties and responsibilities and it determines each person's access to social and economic resources. Energy is also very important in human life today and a direct link to economic security in the context of sustainable development, global environmental security and then on national security. Accordingly, the present study seeks to address the relationship between energy security, national security and civil rights and it has considered the various dimensions of energy security that have affected civil rights on the basis of the rights enshrined in the Charter of Civil Rights and other legal documents. Based on this, we can mention the direct relationship between energy security and civil rights. That is, by securing the next energy from civil rights and then we can talk about citizenship rights and its non-fulfillment will lead to a lack of human security and consequences for national security. The results show that energy insecurity is one of the threats to national security, and looking at from the perspective of civil rights can highlight the commitment of governments to ensure its realization.

Respect for the private property of individuals, which is one of the important legal principles, sometimes comes into conflict with matters of governance that have a public aspect, so that there is a dispute over which one should be considered first?
The national interests and the public security of a country are one of these areas of dispute, which are considered vital and fundamental interests and are interests that are related to the existence of a state.
In addition to the interpretation of national security, terms such as national interests, vital interests, basic values   of a state or nation in political, economic and social fields are also used, all of which are important to understand. Knowing the concept and examples of national security to There are many reasons for this.
The present case that has been criticized regarding the ownership of telecommunication SIM cards is an example of the difference between the exercise of government sovereignty and the private ownership of individuals, which deals with the two.

Cyber terrorism is a real threat to the rapid advancement of technology today. The rapid rise of Internet users and reliance on them has alarmingly increased security risks, although adequate security measures have been in place to help prevent security risks. These threats could potentially damage Iran's national security and critical infrastructure. Therefore, this study examines the impact of cyber terrorism on threats to Iran's national security? Also, what are the social prevention strategies and the situation of Iran's national security threats in the direction of cyber terrorism?

This article is written in an analytical-descriptive manner.

There is a direct link between cyber terrorism and the threat to Iran's national security. Therefore, the Islamic Republic needs a comprehensive strategy to deal with this issue in order to ensure security and achieve its vital interests.A combination of social and situational prevention strategies can be appropriate, including the use of experts, criminalization based on technological advances, public awareness and information, education-oriented measures for the proper use of cyberspace, Increasing and improving the level of public welfare is preparing the ground for social justice.

Repentance is one of the legal instruments for the retribution or the waiver of punishment and one of the establishments of Islamic jurisprudence. The Qur'an has encouraged the people in many verses to repent and it has equalized the repentant people with the purified ones. The Quran says: “Indeed, Allah loves those who repentant and those who purify themselves”. Also, in the traditions issued by the infallible Imams (AS) the repentance and its effects are highly recommended. The repentance is the activity of reviewing one's activities and feeling contrition or regret for past wrong deeds and attempting to correct the action, and it will be accepted if it is done according to the proper conditions. The main objective of this research is to examine the status of repentance in waiving the punishment for the crimes against national security focusing on the punishment of the allegiance breaker from the jurisprudential and legal point of view. The research uses the library research tool and descriptive-analytical method. Anyway, in the jurisprudence and the Islamic Penal Code the repentance for the waiver of punishment is a means of reducing or exempting punishment and it is subject to the fulfillment of the conditions and it can never be a means of escaping the offender from the clutches of justice.

Occasional challenges ethnicities, especially in the southern regions, especially in the Arab regions of Khuzestan province, require that more attention be paid to the issues and developments in this region and their effects on national security be measured. Accordingly, in order to predict the security situation in the country in the coming years, it seems absolutely necessary to pay attention to the ethnic situation and ethnic challenges. This research is applied in terms of nature and purpose and descriptive-survey in terms of method and due to the futuristic nature of the research, it is also exploratory. In the present study, environmental monitoring method was used to identify key variables and form questionnaire items. The statistical population of the study is in the form of a panel of experts according to the futures research approach. The key variables of this research were identified by cross-matrix method using Mick Mac software. Wizard scenario software was used to identify possible scenarios. Findings from this study showed seven variables: huge oil and gas reserves, underdevelopment, Saudi and UAE support for the opposition, the eight-year imposed war, Wahhabi current activity, the presence of dust and regional rivalries as key variables extracted from Mick Mac software is one of the most challenging factors in the future of Arab nationalism in relation to the national security of the Islamic Republic of Iran. The results show that 6 challenging scenarios with high compatibility and score are ahead of the future of the Islamic Republic of Iran.