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Author(s): 

Babayeemehr Ali

Issue Info: 
  • Year: 

    2022
  • Volume: 

    18
  • Issue: 

    4
  • Pages: 

    105-120
Measures: 
  • Citations: 

    0
  • Views: 

    139
  • Downloads: 

    8
Abstract: 

Forests, as the respiratory lung of the earth, play a significant role in the realization of the right to life, and are inextricably linked with other fundamental rights of mankind; forests, as one of the important elements of the natural environment, complete the right to a healthy human environment. And because of their unique characteristics, they have a decisive role in the victory or failure of hostile countries in the wars, and as a result, hostile parties use the forest as providing hostile aims, so they must be fully utilized and utilized. All existing capacities and capabilities are in keeping with it. Every day, the size of the wars increases, and equally one of the environmental resources that are at the true risk of destruction and falling from their scope are forests, so it must be created by building a proper structure with legal requirements to guarantee this God-given blessing Which is considered as an introduction to the enjoyment of human rights, takes coordinated action. This paper seeks to answer the question of how to protect the environment by exploring different international documents, in particular on how to promote the conservation of forest ecosystem resources using the ability of international institutions to formulate a global resolve. Provide the forest environment at a time of volatile conflicts?

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    14
  • Issue: 

    2
  • Pages: 

    139-153
Measures: 
  • Citations: 

    0
  • Views: 

    735
  • Downloads: 

    0
Abstract: 

War is a phenomenon in which the damage is inevitable and one of the significant losses during armed conflict is the environment. In this respect, humanitarian law protects and takes account of the environment in a few of its regulations. However, these regulations have not given sufficient support to the environment and the question arises whether any prohibitions available in international environmental law are applicable to environmental protection in this case, or should we only use the provisions contained in humanitarian international law for this. In this paper we consider these regulations and the possibility of applying of them to protecting the environment in the event of armed conflict. Damage to the environment during armed conflict may occur intentionally or unintentionally. Intentional damage to the environment occurs when the environment is used as a weapon or damage to the environment is deliberate, but the environment is not used as a weapon. Regulations that have been enacted to protect against these damages contain certain conditions and the fulfilment of these conditions is necessary for incurring damage. Regarding unintentional damage to the environment, the main victim is not the environment, however, and the precautionary principle should be applied. In this regard, it is necessary to consider types of losses, existing prohibitions and possibility of minimizing environmental losses.

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Author(s): 

Haghighi kaffash Mansoureh | Sajjadpour Sayyed MohammadKazem

Journal: 

POLITICAL QUARTERLY

Issue Info: 
  • Year: 

    2021
  • Volume: 

    50
  • Issue: 

    4
  • Pages: 

    1093-1110
Measures: 
  • Citations: 

    0
  • Views: 

    282
  • Downloads: 

    0
Abstract: 

Since the beginning of humanity, war and violence have always been with each other and women as vulnerable groups have the most impact of wars. In fact, when wars are started, women are deliberately targeted and used them to achieve their objectives by different groups. Therefore, due to the position and role of women in the family and society as a core, security and stability of countries are endangered. In a comprehensive perspective, when the countries become insecure, the international community will become insecure. As a result, it is undeniable that the importance of recognizing the adverse effects of armed conflict on women and its impact on international peace and security is essential. In this regard, the Security Council, as the United Nations Executive Director responsible for maintaining international peace and security, has focused on this issue since 1991 and undertaken three actions: 1. the concept of violating women's rights in armed conflict as a threat to international peace and security. 2. Judicial-security measures. 3. Political-security measures.

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Author(s): 

FOROUGHI F. | GHANI K.

Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
  • Issue: 

    4-5
  • Pages: 

    333-355
Measures: 
  • Citations: 

    0
  • Views: 

    1329
  • Downloads: 

    0
Abstract: 

Destruction of historical buildings and sites, using archaeologic site for military purposes and smuggling historical and antiquity objects are some of the war crimes committed in large scale and in a targeted, planned and systematic way against Syrian cultural heritage by Islamic State of Iraq and Syria. Lack of appropriate internal laws and regulations, failure of judicial, political and cultural organs of Syria, being not member to most of the international treaties governing cultural heritage, unwillingness and inability of security council for adopting appropriate measures such as military intervention or referral of Syria situation to international criminal court and non-compliance in the side of armed non-state groups of the rules and principles of international humanitarian law has brought a dangerous situation for Syrian cultural heritage which are part of the common heritage of mankind. War crimes against such heritage is a threat to international peace and security. Hence, the international community shall use all of its legal and political capacities for prosecution and trial of persons who committed those crimes.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MAHMOUDI SEYED HADI | Montazeri Ghahjavarestani Iman

Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    3
  • Pages: 

    1115-1138
Measures: 
  • Citations: 

    0
  • Views: 

    132
  • Downloads: 

    0
Abstract: 

While today it is widely accepted that organized armed groups are obliged to respect and implement international humanitarian law, however, given the nature of the State-centric of international law as well as the incapacity of organized armed groups to ratify and accede to international instruments, the legal basis for Obliging organized armed groups to respect and implement international humanitarian law and how to do so is vague. Legal writers and international tribunals have presented various arguments and opinions to determine the legal basis of obligation of organized armed groups to respect and implement international humanitarian law. These arguments are: customary international law, general principles of law, the consent of organized armed groups, the theory of succession, and theory of legislative jurisdiction. It should be noted that this is not just an academic debate, but this issue is of great importance when international criminal courts and tribunals try to enforce the principle of the legality of crime and punishment. In this paper, while analyzing these arguments, given the shortcomings and deficiencies that the other arguments have, we conclude that the theory of legislative jurisdiction is a good argument for obliging organized armed groups to respect and implement international humanitarian law.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    12 (84)
  • Pages: 

    12545-12552
Measures: 
  • Citations: 

    0
  • Views: 

    109
  • Downloads: 

    103
Abstract: 

Children are so vulnerable in armed conflicts. They are international targets of violence, victims of indiscriminate violence, and traumatized witnesses of violence against others. They are disproportionately affected by war, being at greater risk of malnutrition and disease and highly vulnerable to abuse and exploitation. Despite the emerging acceptance to embrace the responsibility to protect (R2P) doctrine, the use and abuse of children by armed groups, State and non-State, has continued. The Responsibility to Protect claims to offer a solution to one of the gravest issues in world politics – mass atrocities. Ten years after the International Commission on Intervention and State Sovereignty (ICISS) detailed the concept, and five years after it was endorsed by the United Nations, we are presented an opportune moment to critically explore fundamental questions as to whether R2P has, or is able to, deliver on its promise. The article discusses the lack of discourse associated with the child soldier problem and how this relates to responsibility to protect.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Journal: 

CONFLICT AND HEALTH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    8
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Journal: 

CONFLICT AND HEALTH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    14
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Fazaeli Mostafa

Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    26
  • Issue: 

    102
  • Pages: 

    113-140
Measures: 
  • Citations: 

    0
  • Views: 

    83
  • Downloads: 

    18
Abstract: 

The international community today generally accepts the fact that terrorism in all its forms and manifestations is one of the most serious threats to international peace and security, and that any terrorist operation, regardless of its motive, time, place and perpetrators, is criminal. The region of West Asia and the Middle East, especially Afghanistan, has been the center of terrorist operations in recent decades, and at the same time, this region has witnessed numerous international and non-international armed conflicts, and in some cases these two phenomena are intertwined to cause, What is the relationship between terrorist operations and armed conflict? Terrorist operations are subject to which legal system in cases where they are part of violence related to armed conflict? Will it be governed by international humanitarian law and international criminal law, or is it a criminal act that, although in the context of an armed conflict, is subject to the domestic law of the countries concerned and subject to the international obligations of governments in the fight against terrorism? Or will it be subject to both categories of legal regulations at the same time? Using library data and international procedures, this article has tried to prove the hypothesis that terrorist operations related to armed conflicts can be an example of multiple criminal titles at the same time and also be subject to domestic law, international humanitarian law, and international criminal law. and cause the international responsibility of the relevant government or governments and the criminal responsibility of individuals.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    61-88
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

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.

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