International Humanitarian Law

The rapid and intensive progress in science and technology in the world, despite its abundant advantages and gifts of welfare and comfort for the mankind, in many ways, it has pushed human security to face grave tragic events. To give an example, the progress in chemistry before the Great War, made it possible to produce and use toxic gases including Phosgene gas causing enormous deaths of both military personnel and civilians. Another example in man’s progress in nuclear physics led to innovating nuclear bomb with no precedent and unheard of in terms of mass destruction and ruins. In turn, the international humanitarian law, despite its progress in recent decades, has had been slower than the development of aforementioned scientific progresses. Nonetheless, one should consider the point that those disciplines of human sciences have more essential and fundamental principles that provide it with the ability to prevail with new conditions and situations. To elaborate the subject, although the international humanitarian law lacks explicit rules, regulations and treaties in addressing many of the modern armaments and warfare, it still possesses the principle of distinction, principle of unnecessary pain and suffering, principle of preventing vast and long-term damages that could be enforced on new arms by assessing its legality in order to boost human security. The present paper aims at studying various aspects of this issue.

Harirud river with an international nature is shared between Afghanistan, Iran and Turkmenistan and currently there is no treaty among these states regarding the division of its water resources. In recent years, after the construction of the Doosti Dam by Iran and Turkmenistan, Afghanistan, as an upstream state is moving towards hydro-hegemonic policy in the region by building various dams which restrain and divert the water flow of this river in order to decrease the downstream countries’ water rights. On the other hand, due to the high importance of Harirud water resources for Iran, continuing this type of behavior by Afghanistan might cause conflicts and create security risks among these countries in the near future. Therefore, employing a descriptive-analytical approach, the study aims at examining the issue according to international legal documents in the field of sharing common water resources. Finally, the findings indicate that the best and most practical method for exploitation of Harirud water resources is based on the theory of limited territorial sovereignty and implementation of the principle of equitable and reasonable utilization of common water resources by Afghanistan, without causing significant harm to downstream states.