مطالب مرتبط با کلیدواژه
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Humanitarian law
The inhuman acts of Israel in the Gaza Strip (2008-9) have seriously violated the international humanitarian law.International documents such as the Geneva Convention (IV) and Additional Protocol to the Geneva Conventions (II) relating to protecting civilians during armed conflicts have clearly indicated violation of humanitarian law during Israeli’s deadly offensive at the turn of the year. Under these laws and other documents such as Convention on the Rights of the Child, the crimes and violence against Gaza’s children created a particular form of inhuman acts. Also, in accordance with the statute of International Criminal Court, the Israeli onslaught can be called as war crimes and genocide. Considering the violation of fundamental human rights of Gazans in all circumstances, the prosecution of persons who committed the crimes are possible regardless of their nationality or ratification of treaties and conventions.
Naval Electronic Warfare from the International Humanitarian Law Perspective(مقاله علمی وزارت علوم)
منبع:
Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲
57 - 81
حوزههای تخصصی:
The naval conflict has undergone many changes due to environmental factors and various tools, as well as the increasing growth and development of marine technologies, aligned with the inclusion of new tools and methods in naval conflict and electronic warfare at sea. The procedure taken by countries indicates the acceptance of electronic warfare as one of the methods and tools of agreed warfare. However, from the perspective of international humanitarian law, the use of electronic warfare tools and methods is challenging, and international treaty law lacks a legal rule regarding this method of warfare. Indeed, the only guideline that has sought to regulate electronic warfare is the Air and Missile Warfare Directive, which imposes no legal requirements on governments. So the question we are going to answer in this brief is that, can humanitarian law be applied to electronic warfare? The purpose of this study is to explain and investigate the various dimensions of naval electronic warfare from the perspective of international humanitarian law, and proving that international humanitarian law can be applied to the methods and tools of electronic warfare at sea. The research method selected for the present paper is an analytical-explanatory method and the data collection method used is the library research method.
A Comparative Study of Humanitarian law and Human Rights in Creating International Peace and Security
حوزههای تخصصی:
International peace and security are one of the values and aspirations of humanity in the world, and for all human beings, regardless of ethnicity, race, religion or nationality, enjoying a life of peace and security is a vital value. This common sense, the study of the history of human life, tells of bitter events and bloody wars that have disrupted the order of the international community and endangered peace and security. All factors have led to the implementation of any rules related to the public interest of the international community to solve this problem; International humanitarian law and human rights are part of international law that builds peace and security. They communicate internationally and exchange and coordinate with each other for the sake of international peace and security. This article will provide a comparative study of humanitarian law and human rights in the context of international peace and security and will answer the question of how human rights and humanitarian law contribute to international peace and security.
Palestine Referendum Proposal from the Perspective of International Law; Essentials, Weaknesses and Strengths(مقاله علمی وزارت علوم)
منبع:
World Sociopolitical Studies, Volume ۹, Issue ۲, spring ۲۰۲۵
293 - 328
حوزههای تخصصی:
The intensification of armed conflict in Palestine during the years 2023 and 2024 by the Zionist regime have brought the solutions for the long-standing tension in the Palestinian territories into the focus of international attention. Therefore, in this regard, solutions such as the two-state solution and similar proposals have been presented by various governments and organizations. For nearly two decades, Iran has also proposed the "Palestinian Referendum Proposal" in pursuit of a legal-political resolution to the Palestinian issue. This article investigates the strengths and weaknesses of the “Referendum Proposal” from the perspective of international law, as well as the essential requirements that need to be observed to enhance its effectiveness. Therefore, strengths such as "the centrality of human rights and international law in this plan", "compliance with democratic principles and historical facts" and its “universal acceptability”, as well as weaknesses such as "lack of a comprehensive legal perspective, particularly in the field of humanitarian law", detrimental brevity and ignoring for political realities affecting the law, have been examined. Findings indicate that the actions of various countries against Israel in international courts and international legal organizations have turned Palestine into a target for legal convergence.
Cyber Warfare from the Perspective of the law of Naval Armed Conflict(مقاله علمی وزارت علوم)
منبع:
Maritime Policy, Volume ۴, Issue ۱۳, Spring ۲۰۲۴
61 - 88
حوزههای تخصصی:
Background and Theoretical Foundations: The traditional military technologies and methods at sea have undergone many changes since the approval of naval warfare documents and have developed in such a way that they will transform future naval wars, and these developments necessitate the transformation of rights. It leads to a naval war. Cyber war has been accepted as one of the methods of war along with other land, sea, air, and space methods, but the difference between this method and other methods is that each of the mentioned territories can be used as a base to carry out a cyber-attack. The emergence of cyber capabilities in the sea means that naval forces are always more connected which leads to greater vulnerability at sea. The purpose of this brief is specifically to examine the cyber-attack at sea from the perspective of the law of maritime armed conflicts. Therefore, the ability to apply international humanitarian law and the rules governing the law of maritime warfare in the case of a cyber-attack at sea will be interpreted and investigated. Methodology: The research method of this article is descriptive and analytical, and the process of collecting library information is reference, by referring to sources through books, documents, periodicals, and the Internet, we obtain research data. Findings and conclusion: The findings of the research indicate many ambiguities in applying the law of maritime conflict to maritime cyber warfare, but humanitarian law can be used with all modern tools, which has been supported by the International Committee of the Red Cross in recent decades.