The Evolution of War under International Law: The Iran-Afghanistan Water Conflict in the Hamoun Ecosystem (مقاله علمی وزارت علوم)

چکیده

The exploration of emerging conflict concepts in the context of international law raises a theoretical question, particularly with the introduction of the novel concept of war. This paper analyzes the theoretical domain, emphasizing the necessity for analytical discourse that integrates legal arguments. It posits that the legitimization of conceptualizations, including the innovative notion of environmental warfare emerging from the modern concept of war, contributes to the development of a normative framework. With further in-depth study, this framework has the potential to advance theoretical discourse beyond the current epistemological boundaries of international law. The concept of environmental warfare-particularly the weaponization of border rivers-can be contextualized within the evolving landscape of international law by emphasizing the severe crises and famines caused by the destruction of vital water sources. As international law increasingly integrates environmental protection, it must confront the deliberate targeting of water resources, which poses catastrophic consequences for civilian populations reliant on these essential resources. Employing the socio-dogmatic method and utilizing quantitative measures, the current paper asserts that emerging conflicts are firstly a tangible phenomenon and secondly that all systemic rules of international law address it, encompassing the intricacies of environmental warfare as indicated in the Hamoun case study in the Iran-Afghanistan Aqua Conflict. This progressive approach acknowledges the changing nature of conflicts and emphasizes the need to address not only legal aspects but also the broader social, political, and environmental dimensions within existing normative frameworks.