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Issue Info: 
  • Year: 

    2026
  • Volume: 

    24
  • Issue: 

    64
  • Pages: 

    7-40
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Despite the increasing prevalence of cyber warfare and the need to apply the laws of armed conflict (jus in bello), existing regulations were designed for traditional physical warfare, making their application to modern cyber operations a significant challenge. A primary hurdle to prosecuting war crimes in this domain is establishing the requisite contextual element: the existence of an armed conflict. Specifically, cyber attacks by non-state armed groups can constitute war crimes only if they occur within the context of a non-international armed conflict. Consequently, this research investigates the feasibility of a non-international armed conflict arising from cyber warfare as a condition for realizing cyber war crimes. Using a descriptive-analytical method and library resources, the study concludes that the nature of cyber groups, characterized by the physical dispersal of members, potential lack of consensus, and absence of traditional internal discipline, does not fully align with established legal criteria for an organized armed group. Therefore, only through a contemporary and dynamic interpretation of existing regulations and jurisprudence can the threshold for a non-international cyber armed conflict be met, thereby enabling the contextual element for war crimes to be satisfied.

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.

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

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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?

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    73-86
Measures: 
  • Citations: 

    0
  • Views: 

    221
  • Downloads: 

    0
Abstract: 

Due to the many advantages of cyber attacks as a new method of warfare compared to the conventional and traditional methods of war, the attention of different countries has been drawn to this phenomenon over the recent years. Furthermore, noting the point that the efforts of some countries and international assemblies to systematize the tools, methods and effects of this style of attack and conflict still face a lack of consensus and, as a consequence, have not resulted in creation of an international document, the international lawyers have faced many challenges in dealing with this phenomenon and its destructive effects on the important and vital infrastructure of countries and defending the rights of nations against cyber attacks. There are now many legal rules governing the situations in which states can resort to force as well as the point as how they can resort to force in armed conflicts. Some of these rules do not apply specifically to cyber attacks including the rules related to the protection of the Wounded, Sick and Shipwrecked. Other rules include general principles that apply to cyberattacks. Nevertheless, it seems that the gap between conventional weapons such as biological and chemical weapons and methods of cyber-attack can be very large. This article addresses the Principle of Prohibition of the Use of Force and the Principle of Distinction and examines the challenges of applying the same to the cyber attacks.

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

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    20
  • Issue: 

    78
  • Pages: 

    61-92
Measures: 
  • Citations: 

    0
  • Views: 

    938
  • Downloads: 

    0
Abstract: 

Cyber deterrence is one ways to deal with cyber threats. In this study the dimensions and components of cyber power in the field of cyber deterrence of the armed forces are studied. It aims to present a conceptual model for evaluating the cyber power of the armed forces with focus on the dimension of cyber deterrence. In this applied research 132 people were selected from among 200 cyber experts with security considerations. To know the dimensions and components of the conceptual model, the research method is exploratory in the first stage and to do the statistical analysis, the method is analytical in the second one. The method of data collection is field and the tool of data collection is a questionnaire. Statistical analysis was performed using one-sample T test. The results show that the conceptual model has five components: repentance of the enemy, continuity of operations, response to the invasion, consolidation and recovery. Also, the operation continuity component has a higher priority than other components. The results of this research can be used by the Deputy of ICT to identify and prioritize the cyber assets of the Armed Forces in order to create a cyber deterrent against threats.

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    18-26
Measures: 
  • Citations: 

    0
  • Views: 

    242
  • Downloads: 

    0
Abstract: 

One of the most important issues of the international community has been the use of force and the changes and evolutions it has underwent. The use of force is one of the important rules of international law, which is mentioned in paragraph 4 of the Article 2 of the UN Charter. With the comprehensive growth and development of societies, the concept of resorting to force has changed and new dimensions have been created and new methods have been used by governments. One of these methods is cyberattacks. A cyberattack is an example of a new weapon the ability of which to damage, kill and physically destroy in cyberspace, has changed the concept of the use of force. In this study, the aim is to investigate cybercrime and cyberspace to clarify the nature of cyberattacks and the relationship between these attacks and the use of force. This research has achieved its results using descriptive-analytical method. It has been found out that the development of the field of communication has led to the spread of new attacks which occur in cyberspace and, because of the unique features that these attacks have, governments are very much willing in using these attacks. Furthermore, when these attacks are carried out on a large scale and target the vital infrastructure of the country the use of force has taken place indeed and that it makes no difference whether these infrastructures are damaged or not. The mere cyber-attack on these infrastructures is the use of force and is in conflict with the Principle of Prohibition of the Use of Force contained under paragraph 4 of Article 2 of the UN Charter. Cyber-attacks can be considered as resorting to force according to this article.

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

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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.

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

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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.

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

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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.

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

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