Ethical Aspects of The Rules of Behavior of the

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Khaghani Esfahani Mahdi; Seyed nasseri Mohammad Mehdi

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Journal Paper

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Journal: Bioethics Journal Year:2024 | Volume:14 | Issue:39 Page(s): 1-17

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Title

Ethical Aspects of The Rules of Behavior of the "Occupying Power" With Children Victims of Armed Conflicts in the Occupied Territories

Author(s)

Khaghani Esfahani Mahdi | Seyed nasseri Mohammad Mehdi | Issue Writer Certificate

Keywords

Occupying Power Humanitarian Rights Victims of War Children's Rights Ethics of living in war

Abstract

Background and Aim: Following the widespread and forced deportation of civilians and children from the occupied territories during the Second World War, which was generally for the purpose of annexing the territory or forced labor, important measures are provided in Article 49 of the 4th Geneva Convention, based on which the forced transfer of protected persons collectively or individually and expelling them from the occupied territories for any reason is prohibited and this transfer is considered as an illegal transfer and a major defect of the convention. Of course, the occupying government with some exceptions can evacuate all or part of the occupied area if the safety of the population or military reasons require it, but this evacuation should not lead to the relocation of protected persons outside the occupied territories.

Methods: The article is of a theoretical type, the research method is the analysis of documents and legal doctrine. Data has been collected by referring to books and articles and international legal documents and laws and regulations related to the subject.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Results: People's security, military necessity and suitability, and compliance with the principle of distinction are among the exceptions to the ban on transferring children to other lands. The main problem in the implementation of this rule is the ambiguity in the interpretation of "public security and military necessity", which may lead to the substitution of exceptions for the aforementioned principle. The efforts of international documents to prevent the forced transfer of children in the occupied territories, including Article 8(2)(b) of the Statute of the International Criminal Court, are facing legal obstacles.

Conclusion: This article follows the phenomenology and etiology of the violation of war ethics by the occupying power - with two case studies: Israel and Russia against the children of Gaza and Ukraine - and providing legal solutions to overcome the obstacles to the implementation of the discriminatory norms of the ethics of war in the process of annexing the occupied territory, is one of the important topics of the ethics of conflicts. In order to reduce the objective conflicts between military principles and moral principles, it is discussed based on the explanation of the rule of morality, the principle of dignity, the principle of justice, the principle of separation, the principle of proportionality and the principle of peace on the violence committed by the occupying power.

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