فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 19 (پاییز و زمستان 1399)

One of the effects of war and armed conflict is the capture of a number of fighters of the involved forces in the hands of the other side, which is called a prisoner of war. Prisoners of war who are defeated by one of the parties to an armed conflict are to spend some time under the domination of the enemy.The history of dealing with prisoners of war has been marked by oppression, along with harassment, murder, and murder. Until, in accordance with the principles and rules of humanitarian law in the field of the teachings of public international law, regulations in the field of armed conflict were envisaged that recommend and approve the rights of prisoners of war. Among the provisions envisaged in the international arena in this regard are the four Geneva Conventions of 1949, of which the Third Geneva Conventionspecifically deals with the rights of prisoners. It can be argued that the implementation of the Third Geneva Conventions, in addition to the First and Second Additional Protocols, could guarantee the rights of prisoners of war

The Middle East is the center of conflict and crisis in the world today. This region has been the scene of the most intense conflicts in the last years of the twentieth century and the early years of the present century. The Iran-Iraq war, which has been called the longest classic war, the Persian Gulf War, the occupation of Kuwait by Iraq, the challenge of regional powers in the Persian Gulf, the US military invasion of Iraq and the fall of the Ba'athist regime in Iraq, the Yemeni civil war, the Israeli-Lebanese conflict, the nuclear crisis Iran and ... are among the main critical and critical events in recent years in the Middle East. Due to the structure and texture of the region, such conflicts will occur continuously and with the current trend of the Middle East horizon, it will always represent crisis, conflict and insecurity. The reason for Israel's need for security and ensuring the flow of energy in the region has always been the concern of US officials. George W. Bush was President of the United States from 2001 to 2009. The invasion of Afghanistan, the unilateral occupation of Iraq, and the imposition of sanctions on US-independent countries in the Middle East after 9/11 are among Bush's unilateral actions in the Middle East. He has used a wide range of tools to implement the US national security strategy, from military hardware attacks to human rights abuses and the need for political freedoms.

Place of the Unmanned Aerial Vehicles (UAV) in Protection of Human RightsAbstractSince utilization of UAVs in identification and surveillance missions to their use as rocket launchers in military operations, different views on their use and deployment have been proposed. Some individuals have justified or criticized their applications. The aim of this research is to examine the parties’ positions on the use or non-use of UAVs for human rights reasons and address this fact that the use of UAVs is justifiable and feasible for human rights reasons. Using a descriptive-analytical approach, this research has depicted that UAVs have not merely been against human rights, however in some cases, they have protected human rights indicating that UAVs are not exclusively for war; however, they are tools that can serve for war purposes against human rights by governments, governmental and international and non-governmental organization or serving human rights. Keywords: UAVs, International Human Rights, International Humanitarian Law, Human Rights Council

Female genital mutilation has faced a widespread global ban, especially from international entities of human rights. States must make due diligence to fight this phenomenon in their territory and take measures to reduce the injuries caused by its growing growth through actions such as criminalization, allocating the funds, and increasing awareness and education of individuals. The injuries by female genital mutilation are so severe that it has been considered torture or inhuman treatment, and the right to asylum has been accepted for victims. Although people's right to cultural beliefs has been recognized, female genital mutilation violates the many human rights of individuals, including the right to health, the right to freedom from discrimination based on sex, the right to reproduction and the right to freedom from torture and cruel, inhuman, or degrading treatment. female genital mutilation violates the many human rights of individuals, including the right to health, the right to freedom from discrimination based on sex, the right to reproduction and the right to freedom from torture and cruel, inhuman, or degrading treatment.

One of the instances in which the rights of the child are violated is the issue of marriage; Especially when a person is involved in precocious puberty and feels the need for early marriage;Many factors affect the puberty of girls, which is why a certain number of girls feel the need for early marriage earlier than their peers.The existence of such issues indicates the importance of this question; is the age of marriage for girls (13 years) specified in Article 1041 of the Civil Code, which is the same or in conflict with the views of Imami and Sunni jurists and Egyptian law?Article 1041 of the Civil Code restricts the marriage of girls to the age of 13 and makes marriage before this age subject to the permission of the guardian and at the discretion of the competent court.This article has shortcomings, especially in determining the age of marriage, which are not the same as the views of Imami jurists, Sunni jurists and Egyptian law.In this article, by descriptive method and analysis and using the available library resources, following the jurisprudential sources and analyzing different sayings in the field of marriage age, seeks to find the minimum appropriate age for marriage of girls, an age that for religious reasons and with Arabic be compataible.By examining and comparing the sayings of Imami jurists, Sunni jurists and Egyptian law, we come to the conclusion that the most appropriate age for marriage is when a person is physically .

During recent years, the issue of prohibiting wearing hijab in Turkish universities has sparked various debates over the right to practice freedom of religion and freedom of expression. In this aspect, the basis of such discussions was scrutinized in the Turkey in order to identify and determine the source of regulations regarding hijab and its periphery debates as much as possible. The vast majority of the Turkish society is Muslim. Thus, the significant effect of banning hijab for Turkish women was considered and further followed by the story of Leyla. Leyla Şahin Usta, who is now member of the Turkish parliament and wears hijab, emigrated from Turkey in 1998 with the purpose of continuing her studies after the implementation of the hijab ban in Turkish universities. Nonetheless, reference to her case of persistent legal struggles against the imposed regulations banning Islamic hijab in Turkish universities has led to a source for understanding the legal aspects of this major issue. In this regard, attempts were made in order to identify the judicial procedure and the coordinates of the dispute over the ban on Islamic hijab in Turkish universities that have been based on the credibility of the data in the case file which have been published under the title of "Leyla Şahin vs. Turkey". A detailed scrutiny of the Court's ruling further strengthened the viewpoint that without fully considering the context of the human rights claims, an accurate and precise assessment of the legitimacy of these claims will not be attainable.

The United States is one of the countries that monitors, reports, and sanctions other countries for human rights reasons, while the human rights situation in the United States, despite legislative changes of more than one hundred years, including civil rights laws (1946, 1957) , 1960) and the Suffrage Act (1965) are always accompanied by a series of systematic violations of civil and domestic human rights. The history of the creation of the United States of America, which began with the killing of Indigenous peoples and the enslavement of blacks, and the enactment of the Constitution with pessimism about the right of people to participate and discriminatory laws against people of color, women, the poor, non-Christians, especially Muslims through numerous laws. The repeal of some racist laws in the governing structure is a clear violation of civil rights in the United States. In this article, we use the analytical-descriptive method and using legal documents, laws and statistics to answer the question: "What are the legal bases and causes of civil rights violations in the United States?" The main reason is the contradictory structure and inherent discrimination of the Constitution and domestic law, which has led to a systematic violation of civil rights in the United States, and in practice has prevented the modeling of this system of government due to the crisis of legitimacy resulting from violations of fundamental and legitimate rights.

Fair justice which is considered a Human Rights as an element of judicial justice has some components that judicial independence is the most necessary of them. Judicial independence for a good promotion, not only needs institutional independence but also it should guarantee independence of judge for judgement. The basic question is how the Iranian legal system approaches the concept of judicial independence and how it can be corrected. The approaches taken to judicial independence in our country, despite its many strengths, is not protected to defects and some problems such as legal and executive obstacles blocks the independence of judges and judiciary. This article has a descriptive-analytical approach based on library studies that wants to express existing problems such as lack of financial independence of the judiciary, lack of attention to the social, financial and living conditions of judges and judicial trainees, conditionality of hiring judges at the beginning of service, failure to mention the judge's competence in the law and referral of jurisdiction to the commission without priority over the judge and provide suggested solutions like as granting financial independence to the judiciary, adopting practical approaches to improve the social and financial status of judges and correcting the existing laws that is related to the recognition of the judge's competence in order to simplify the ways to achieve judicial independence.

Pilgrimage of sacred places has a special position among different religions. Pilgrimage has also been considered in Islam. Arbaeen pilgrimage is considered a part of Islamic human rights. In the last two decades, the pilgrimage of the grave of Imam Hussein (p.b.u.h) and the pilgrimage of Arbaeen ceremony have burgeoned. This research has used analytical descriptive method to study relationship between Arbaeen pilgrimage as a Islamic human right with the establishment and maintenance of peace and security. The findings of this study are Along with spiritual and educational effects, the Arbaeen pilgrimage has caused empathy and friendship between the Arbaeen pilgrims with different nationalities. The Arbaeen pilgrimage has recovered Iraq's sacred places. Also, the Arbaeen pilgrimage has created security. The Arbaeen pilgrimage has created and strengthened peace and friendship in the region as well. This study has concluded that Arbaeen pilgrimage is an Islamic human rights in the direction of peace and humanity that states should respect this right and provide the basis for its implementation.