نشریه مطالعات بین المللی
سال یازدهم شماره 4 (پیاپی 44، بهار 1394)

Preventing “use of force” is one of the stabilized principles of international law and the United Nations. Even so, states have been trying to legitimize their use of force in a variety of cases. This essay is going to have a look into the prevention of use of force as an international rule and its exceptions, on the one hand, and the preemptive military actions, on the other hand. September 11 led to a broad interpretation of the right for legitimate defense as well as the introduction of preemptive war doctrine. Notwithstanding international opposition, there is still a strong probability of taking preemptive Actions by states. The question is, firstly, what reasons are provided to support the idea of taking preemptive Actions or Anticipatory Self Defense and secondly, whether they have any bases in international law and the United Nations. Here, preventing use of force by states as an international rule and its exceptions, the United Nations approach towards or Anticipatory Self Defense, the reasoning by those for and against preemptive actions and or Anticipatory Self Defense for humanitarian purposes especially towards territorial claims, terrorism and weapons of mass destruction are discussed.

The Islamic Revolution of Iran emerged in the context of Iranian beliefs along with its political and international factors. These views sometimes have made this nation to change their political system. Why people of Iran stood against tyranny of the royal family and monarchy system, however we can find a kind of patriarchy inside Persian families and this fact that father is the absolute dominator of family? Its Women are fighting for their rights, but they cannot remember this fact that the human rights belong to the whole human beings not just females singly. Its liberals go to prison for asking real freedom, though when they release from there they would imprison their opponents inside that jail. The author believes that the views and practices of human rights in Iran are following a constant orbit. This fixed axis is moving from a small and micro size (family) into a macro size (nation).This circuit is derived from the relative orientation, native orientation, localism, citizen activism, sectionalism and finally nationalism. In This regard, the following critical question arises: What are the views and practices of human rights after the Islamic Revolution in Iran? The hypothesis that is going to be discussed here is that: The human rights have been always outshined and requested for the self interests rather than public benefits, which this fact will make a contradiction. In this paper it is tried to find and survey the reasons which make Iranians not to achieve the universalHuman Rights and the Paradoxical persistence of the Iranian Human Rights axis and selfishness.

Uses of force and solving international disputes through coercive measures have plagued human societies for centuries. The emerging of International Community as a consequence of rapid global developments in 19th and 20th centuries have contributed immensely to the development of international law and growing number of treaties. This process chiefly aimed to prevent international belligerence including armed conflicts through encouraging, with all strength, the member states to sign and ratify treaties in many areas particularly the norm setting ones. On the other hand, the major challenge, in this domain, is the number of substantive reservations that could otherwise undermine or even threaten the object and purpose of those treaties. In this context, the treaty-based organs monitoring the implementation of international instruments have played major role in preserving their integrity through working to ensure the legality and validity of reservations. Hence, these organs continued to consolidate the development of international law in this manner, though their right to interpret the validity of reservations met with mixed reactions at the international level. Of great importance, in this regard, is the wide range of reservations submitted by the Islamic countries to the CEDAW which revealed new dimensions. One of the distinctive features of these reservations is the emphasis on the inviolability of Islamic Sharia in the international legal system.

Among Persian philosophers and orators, Saadi is the only character who has left lasting oeuvres about Wisdom, prudence and anthology. Saadi`s written traces especially two books of Boostan and Golestan- former in poetry and later in prose not only in Persian language, but also in any other languages have no kindred in Oratory, wisdom and knowledge. Although from artistic and aesthetic point of views everyone knows Saadi as the Master of speech, however he recounted the most important and deepest social issues in his works. That is why we should consider him as aprominent sociologist and realist luminary of his era. In this regard, he has always invited human beings especially the lords of power into Realism, moderation and respect to justice. His advices for rulers and monarchs particularly in his odes, prose treatises and in Golestan book by use of the most attractive words and eloquent sentences have been always fame between science and speech communities. We can talk about his thoughts and opinions a lot, but in this paper it is tried to peruse Saadi`s point of view about “what are the duties and responsibilities of kings and lords of power and how they should behave with their inferiors?” God willing in another article, the political ideas of Saadi about realism, wisdom, prudence and moderation will be analyzed.

This article examines the extent to which state officials are subject to criminal jurisdiction in foreign domestic courts for international crimes. A concept of immunity for foreign state officials has existed since ancient times. Such immunity constitutes customary international law and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations. I consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. In light of the Judgments of ICJ and several cases before domestic courts around the world I try to find a proper respond for the following question, Does personal immunity continue to apply even where prosecution is sought for international crimes? Also I consider that instead of a single category of personal and functional immunity there are in fact two types of such immunity and that one type extends beyond senior officials such as the Head of State and Head of Government. However, I had a glance to the traditional arguments which have been put forward by scholars and courts in support of this view. This Article consists of three parts. Part I addresses immunity and state officials were accused of committing international crimes Part II explores outlawed State Officials‘ defence of immunity for international crimes and in the final section, conclusion, Dialectic between tow Doctrine, one of supports for immunity of senior officials absolutely and another Doctrine alleges outlawed State Officials‘ defence of immunity for international crimes.

At different ages, religions according different reasons discuss together and mind paying because they understand the need for collaborative thinking and tolerance and solidarity can not imagine a world apart. Accordingly, in the present, as well as numerous international instruments, including covenant of human rights were formulated to promote human rights and concepts along the interface between all religions in the global market and place peace and develop it, and the not important heterogenic cause the provide At this time, a dialogue of civilizations still has important significance and its role is not lost. Dialogue of Civilizations is so important that it can not only cause of international peace and permanent positive And stop conflict sanctities of other religions to be crucial for the consolidation, but also promote new concepts of human rights, even within countries also have. This study aimed to examine the theoretical and practical functions as a dialogue of civilizations, and the dialogue among civilizations to promote human rights and peace, to be studied.