Examining the legal role of the military personnel in the fight against terrorism, from the perspective of international law
Subject Areas : International Legal Research
ebrahim samandari
1
,
SomayeSadat MiriLavasani
2
,
Hatam Sadeghiziari
3
1 - Master's degree in international law, Payam Noor City Pardis University
2 - Assistant Professor, Department of Law, Faculty of Social Sciences, Payam Noor University
3 - Assistant Professor, Department of Law, Faculty of Social Sciences, Payam Noor University
Keywords: Terrorism, International terrorism, Armed Forces, Legitimate defense, International Law of Armed Conflict,
Abstract :
Terrorism is a phenomenon that legal, political and military models are used to deal with. From a legal point of view, this study deals with the confrontation of armies with international terrorism. With the lack of a precise definition of terrorism, legal challenges have been provided for military treatment of this phenomenon. The purpose of this research is to analyze the right of legitimate defense in the military confrontation with terrorism and to know its legitimacy. The research method is descriptive-analytical and the sources closest to the research have been used. As a result, in the absence of internationally approved laws in the fight against terrorism; Military violations can be handled in two ways. First, by establishing military courts in countries involved in terrorism in a fair manner and appropriate to the rank and position of the criminals, secondly, with a comprehensive definition of terrorism, the platform for the establishment of competent international courts to deal with cases of violations of the law of international armed conflicts should be established.