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Author(s): 

SAADATI HASSAN

Issue Info: 
  • Year: 

    2020
  • Volume: 

    19
  • Issue: 

    88
  • Pages: 

    29-54
Measures: 
  • Citations: 

    0
  • Views: 

    468
  • Downloads: 

    0
Abstract: 

MILITARY intelligence has always been an important and fundamental factor in battle management and rational conduct of war from the past to the present, and will play a unique role as forming the first step in any offensive or defensive battle. The significant role of data, information and knowledge is not unknown for anyone. Superiority in the field of information leads to superiority in other aspects, including decision-making and action. Moreover, the role of geographical sciences in general cannot be ignored in the cycle and process of MILITARY information. This role is so important that the consideration of geographical components in any MILITARY information plan and its use and application in MILITARY operations can be quite effective in advancing the predetermined goals. This research a qualitative research which follows descriptive method and analytical approach to answer the following question: “ What is the role of geographical sciences in MILITARY intelligence? ” Moreover, data collection for this research is implemented by documentary method. Finally, the group of geographical sciences in three areas of human geography, natural geography and interdisciplinary geography were assessed and the unique role of the geographical sciences in the cycle and process of MILITARY intelligence was explained. The results indicated that any MILITARY intelligence plan would be doomed to failure without considering geographical components.

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

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    3
  • Pages: 

    717-734
Measures: 
  • Citations: 

    0
  • Views: 

    1456
  • Downloads: 

    0
Abstract: 

MILITARY NECESSITY is an important concept in both jus ad bellum and jus in bello. Jus ad bellum refers to the legal norms which restrict the circumstances in which states can resort to the use of force, while jus in bello refers to the placing of limits on the manner in which hostilities are conducted. In the past, it was often claimed that a belligerent party is at liberty to deviate from the law of international armed conflict when MILITARY NECESSITY so demanded. This claim, which actually means that MILITARY NECESSITY is superior to the law, is now completely defunct. At present, it is indisputable that if ‘ NECESSITY knows no law’ , then there is no law. At present MILITARY NECESSITY can only be considered as an exception to the humanitarian rules, but of course there is some requirements for this exception that MILITARY NECESSITY cannot be achieved without them.

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Author(s): 

ZEINALPOUR FATAHI Z.

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    47-53
Measures: 
  • Citations: 

    0
  • Views: 

    2026
  • Downloads: 

    0
Abstract: 

Background: "MILITARY NECESSITY" is the concept used in documents of international humanitarian law. This is a widely used, vague and non-transparent concept which does not explain the lack of clarity of meaning and its limits; also it has been caused to emerge enormous challenges in the field of international and internal conflicts. The most important challenging and problematic issues are such as "which NECESSITY", "how" and "who recognizes," which their lack of transparent making irreparable damage on material and spiritual of human. The results indicate the weakness and failure of this concept and suggest that the "MILITARY NECESSITY" was an excuse for some inhumane and biased acts of MILITARY commanders or political leaders of hostile governments. The comparative study of the concept of "MILITARY NECESSITY" in the Emamieh jurisprudence and international humanitarian law documents show that there are many differences between these two legal systems.Methods: This descriptive and analytical study has been used both the reliable sources of jurisprudence and documents of international humanitarian law.Findings: According to the findings, "MILITARY NECESSITY" doesn’t have a specific framework in international documents of humanitarian law. This concept is more reliant on personal understandings of custodians of international and non-international conflicts. Emamieh jurisprudence is explained and described the MILITARY NECESSITY in the form of a systematic framework based on the researches.Conclusion: By studying the reliable first-hand books of Emamieh jurisprudence, the systematic of "MILITARY NECESSITY" concept was proved. Also, it was shown that the writers' attention of international documents to the legal principles of Emamieh jurisprudence can be quite effective to clarify this issue.

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Author(s): 

Babaei Mojtaba | Kamali Farajollahzadeh Alireza

Issue Info: 
  • Year: 

    2022
  • Volume: 

    31
  • Issue: 

    119
  • Pages: 

    131-152
Measures: 
  • Citations: 

    0
  • Views: 

    72
  • Downloads: 

    24
Abstract: 

The impact of strategy and strategic considerations on the war, whether in decision to implement or not implement the war or how it is implemented, is undeniable. But the answer to the question of which aspects of law of war that is affected by these considerations and what is the effect on each of them. requires careful analysis of both fields of study. Therefore, all categories related to war, especially law of war, have been affected by strategic considerations. The law of war on its totality is shaped by considering these considerations as a principle-based law, trying to balance between the principle of MILITARY NECESSITY and the principle of humanity that is why its rules are common and general. Such characteristics, affect the interpretation and implementation of law of war, especially its fundamental principles, more prone to the effect of such considerations. This article aims to identify these influences and reveal the ways and means of these influences on the mentioned principle. The findings of this research showed that although strategic considerations have had a significant impact on the basic principles and rules governing the laws of war, But in explaining the issues related to the law of war, it has been neglected and this issue has led to incorrect conclusions and interpretations of this set of laws.

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Author(s): 

Asadi Lame dasht Zahra

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    44
  • Pages: 

    4-5
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

Combat medicine, as one of the key and strategic specialties in MILITARY medical sciences, stands at the intersection of theoretical knowledge and field-oriented pragmatism. This field, which plays an unparalleled role in maintaining and enhancing the physical and mental health of armed forces personnel, faces several challenges. One of the most fundamental challenges is the lack of alignment between existing training programs in this discipline and academic standards. This misalignment not only affects the quality of education but also hampers the ability of medical personnel to effectively respond to complex and critical situations.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    2 (70)
  • Pages: 

    65-82
Measures: 
  • Citations: 

    0
  • Views: 

    238
  • Downloads: 

    0
Abstract: 

The increased importance of the environment over the past years and its incorporation among the third-generation human rights justify the considerable need to protect it during armed conflicts. Obviously, such conflicts can cause irreparable damage to the environment, occurring either as intentional destruction based on MILITARY NECESSITY and non-distinction, or as non-intentional destruction resulting from the collateral damage of MILITARY attacks. The main research question is: “ What is the position of the Principle of Proportionality in environmental protection in connection with the Distinction and MILITARY NECESSITY principles? ” Using a descriptive-analytical approach, this paper sought to assess the relationship of IHL’ s three principles of Distinction, MILITARY NECESSITY and Proportionality with environmental destruction during armed conflicts. It concluded that when the Distinction and MILITARY NECESSITY principles intersect, a third principle called “ synthesis” comes in, seeking to reduce the damage of MILITARY operation. Violation of this principle is one of the conditions for committing the war crime of environmental destruction, i. e. the Principle of Proportionality. Since the Distinction and MILITARY NECESSITY principles can be in conflict with each other during environmental attacks, resulting in the conquest of the Principle of MILITARY NECESSITY, the presence of the Principle of Proportionality can balance this conflict.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    99-122
Measures: 
  • Citations: 

    0
  • Views: 

    1355
  • Downloads: 

    0
Abstract: 

Contradictory interpretations, which are sometimes contrary to the purposes of International humanitarian law, on the principle of MILITARY NECESSITY and the existence of ambiguities in nature, conditions and effects of this principle in the law of armed conflicts, have resulted in repeated attacks on residential areas and nonMILITARY objectives, especially in recent wars. This situation has made re-examination and disambiguation of the mentioned principle, in international regulations, necessary. One of the best methods to resolve this ambiguity can be through a comparative study with other systems, of them is the Islamic legal system. So, our main question is: "what are the approaches of the Islamic legal system and the law of armed conflicts to the nature, conditions and effects of the principle of MILITARY NECESSITY?" Through descriptive research methods based on treaty provisions of the law of armed conflicts and the jurisprudence of international tribunals and the sources of Islamic law and combat performance of the holy Prophet (PBUH) and by using interpretive and comparative methods, we came to the conclusion that these two systems have much in common in this area, but there are differences in some cases, such as the need for the principle of discretion and limitations of referring to MILITARY NECESSITY in legitimate wars and the legal effects of this principle.

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Author(s): 

JAFARI SEYED ASGHAR

Issue Info: 
  • Year: 

    2017
  • Volume: 

    47
  • Issue: 

    2
  • Pages: 

    433-458
Measures: 
  • Citations: 

    0
  • Views: 

    1097
  • Downloads: 

    0
Abstract: 

One of the most important issues in the international scene in recent decades has been humanitarian law. The purpose of humanitarian law is to protect human beings in armed conflicts and limiting the use of certain warfare and methods during a war. In fact, humanitarian law deals with principles principles which limits inhuman behavior during a war. Imam Khomeini who was the chief commander of the eight year war, strictly adhered to these rules and regulations based on Islamic laws and regulations. In spite of violating such regulations by the Iraqi army, he never allowed infringement of those laws. In this contribution, by using analytical -descriptive method, I have tried to explain Imam Khomeini’s views on humanitarian law. At the end, the conclusion indicates that human behavior, denial of raid and ambush in armed conflicts, the distinction between MILITARY personnel and civilians, restrictions on the use of weapons, proportionality and NECESSITY of MILITARY action, love and kindness to prisoners of war and protection of environment have been considered as the most important principles of humanitarian law in Imam Khomeini’s thoughts.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    3
  • Pages: 

    89-103
Measures: 
  • Citations: 

    0
  • Views: 

    144
  • Downloads: 

    17
Abstract: 

A B S T R A C T Transformations such as globalization, the contiguity of geographical spaces, as well as developments in the field of MILITARY technologies have transformed the issue of defense as the main factor for the survival of countries. Because the transformation from hard to soft war and then the smart war in recent decades has changed the approaches to defense. These transformations have led to the development of discussions about defense purposes. Meanwhile, Middle East countries have a prominent position and importance in terms of defense due to their special conditions. This article has tried to investigate the basic dimensions affecting the defense of foreign countries with descriptive and analytical methods, using library and field findings and Smart-PLS software. The results of the current research show that the effective components in the current research include 130 items that are placed in the form of 15 dimensions. The importance of these dimensions in defense of the Middle East countries is, respectively, geopolitical dimension with a 0.43 score, MILITARY dimension with a 0.41 score, economic dimension with a 0.41 score, political dimension with a 0.39 score, hydrology dimension with a 0.34 score, security dimension with a 0.32 score, social dimension with a 0.29 score, demographic dimension with a 0.28 score, cultural dimension with a 0.26 score, scientific-health dimension with a 0.25 score, geomorphological dimension with a 0.25 score, mathematical dimension with a 0.2 score, climatic dimension with a 0.2 score, biological dimension with a 0.2 score and soil dimension with a 0.18 score. Extended Abstract Introduction Security and defense are among the most vital issues for the preservation and survival of countries. In fact, defense and MILITARY affairs are necessary for countries' independence and political, cultural and economic development. Among them, geography and political geography are prominent fields that directly affect defense issues. Actions taken by a country in dimensions (political, MILITARY, economic, etc.) in order to maintain security and territorial integrity, guarantee independence and protection of its people against any enemy attack, will organize the geographical (spatial) environment, wise and appropriate distribution of critical places and sensitive centers and infrastructures are identified by taking into account the threats and the correct use of environmental capacities in political, economic, social, cultural, etc. dimensions, and as a result, it can lead to stability and stability in the country's geographical space. The design of defense planning model according to the economic, cultural, political and environmental features in the new era when countries are facing external and internal threats as a sub-branch of territorial planning has received the attention and importance of officials and governance systems in order to be able to reduce these threats with accurate and systematic planning in the geographical space, defense planning is not separate from the flow of national and regional planning. It is important to pay attention to it based on the type and amount of external and internal threats to governance. Due to the expansion of the security circle, the government is not only responsible for creating MILITARY security. However, it must also exercise part of its authority in the direction of territorial management. On the other hand, there has been a transformation in the form of threats and wars based on changes and the movement from hard to soft war and finally, smart war is the basis for reviewing and recognizing the components that can be used in defense of countries, including the Middle East countries, have a prominent position and importance. Despite the internal differences between countries, the Middle East has commonalities and connections that can directly affect the overall defense of this geographical space.   Methodology In terms of type and purpose, the current research is fundamentally applied. Also, it is descriptive and analytical in terms of nature. This research, in addition to the correct and realistic depiction of the defense situation of the Middle East countries, it is tried to provide a suitable model for the defense of the countries. The sources used in the current research are library and field sources (questionnaires). According to the subject of the current research, the statistical population of this research is a collection of people, experts and elites who have sufficient knowledge, experience and expertise regarding the research topic, which is the design of the defense model, according to the nature of the Delphi pattern model, at least the statistical population based on the sources should be between twenty and fifty people to reach statistical saturation. The number of selected samples included 51 people who were identified in the form of a non-random sampling pattern and introduced as a statistical sample in the framework of the Delphi model. Due to the qualitative nature of this research, it has been tried to use the Delphi model in the framework of the targeted non-random model. Therefore, based on these cases, the current research has selected the maximum statistical population of 51 elites, experts, and opinionated people in this field. In this research, to evaluate the research hypotheses in the form of the hardness equations model, the partial least squares method and the SMART-PLS software, which is a variance-based path modeling technique and provides the possibility of checking the theory and metrics simultaneously, have been exerted.   Results and discussion In this research, approaches such as political, MILITARY, cultural, etc., in the field of land use have been discussed. In the meantime, the defense of countries as an emerging approach is significant. According to the developments in geographical spaces, such as the evolution of MILITARY-defense technologies, the connection of geographical spaces to each other and most importantly, the movement from hard and soft war to smart war has witnessed a transformation and wide attention in a way that countries are suited to these developments are trying to prepare the geographical space of their country in terms of defense. Therefore, the defense planning of the Middle East countries as a geographical region has great importance from a geopolitical and strategic point of view, which indicates that the countries of this region face threats and complex defense-security issues in different ways.   Conclusion The results of the present research show that the defense planning in developing countries should be considered according to their characteristics, considering all 15 dimensions, which include 130 components. In the design of the defense planning of these countries, attention should be paid to the weight and importance of the shaping dimensions. In general, it can be said that the defense planning of the Middle East countries is proportional to the geographical features of these countries and on the other hand, considering the developments in the field of threats and moving from hard to smart war, 15 dimensions should be considered for the defense of these countries.   Funding There is no funding support.   Authors’ Contribution Authors contributed equally to the conceptualization and writing of the article. All of the authors approved thecontent of the manuscript and agreed on all aspects of the work declaration of competing interest none.   Conflict of Interest Authors declared no conflict of interest.   Acknowledgments  We are grateful to all the scientific consultants of this paper.

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Author(s): 

Hajidehabadi Ahmad

Journal: 

Private Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    251-275
Measures: 
  • Citations: 

    0
  • Views: 

    87
  • Downloads: 

    18
Abstract: 

In most juridical books and under “usurpation”, “retaliation” and “blood-money” chapters, jurisprudents have spoken of the two institution of “perpetration” and “causation” and enacted some rules, for example if both cause and the actual perpetrator exist, the actual perpetrator is responsible unless in cases in which cause is stronger. The two have been reflected in laws as well. Regarding perpetration, causation, and types of perpetration and etc., many discussions have been made in juridical and legal books. Some scholars such as Muhaqqiq Najafi (author of Jawahir al-Kalam) and Muhaqqiq Maraghi (author of ‘Anawin), however, are of the opinion that, since the terms “cause” and “the actual perpetrator” have not been used in hadiths and there is controversy between jurisprudents about definitions and instances of the two terms, discussion about causation and perpetration is a superfluous and verbal one and what is of importance is attributing damage or crime to someone, whether he is the actual perpetrator or cause. The present article studies and evaluates the scientific and practical differences which may be between the two institutions. Evidently, if it is proved that there are such differences then establishment of these two institutions and discussing about them are required. Otherwise, one has to accept the opinion of the author of Jawahir al-Kalam and the author of ‘Anawin according to whom discussing about the two is a superfluous one.

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