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Open Access Article
1 - Environmental terrorism centered on armed conflict in the light of international criminal law
behrooz sepehri nourooz kargari Mohammad Ashouri ghassem ghassemiEnvironmental terrorism is a violent behavior that with the intention of depriving the peace, order and security of human societies, by targeting the environment, endangers human life and health and environmental security and whenever at the same time with Conflicts Arm MoreEnvironmental terrorism is a violent behavior that with the intention of depriving the peace, order and security of human societies, by targeting the environment, endangers human life and health and environmental security and whenever at the same time with Conflicts Armed and on the part of one of the parties to the conflict, it causes extensive and irreparable damage and not only endangers the health and life of the contemporary generation, but also endangers the health of future generations and deprives the healthy of environment. Therefore, reviewing strategies to deal with such events is the main purpose of current research. The present research has been done in a descriptive-analytical manner and in the form of citations through the use of library and electronic resources including books, articles, dissertations, regulations and international documents in Persian and English languages. The only way to fight with this criminal phenomenon is to bind the parties to the conflict to the norms and regulations related to international humanitarian law and to criminalize the violation of such regulations, in order to control the violence of the conflicting parties within the limits of international regulations. Violation of such regulations will result in criminal prosecution charges of "international crimes" or "serious crimes of international importance." Although Article 5 of the Statute of the International Criminal Court 1998 does not forecast environmental terrorism as an international crime, but because of the profound and irreparable harmful effects on human life and health and the health of the environment and the possibility of spreading such effects to remote areas. And even to future generations, international legal doctrine and documents recognize environmental terrorism as an acute example of terrorism and its importance in the line of international crimes and the effects of international crimes on it. Manuscript profile -
Open Access Article
2 - Sexual Violence in International Armed Conflict
Sahar Izadi Leila Raeisi Mahmoud JalaliSahar Izadi [1] Leila Raeisi[2] Mahmoud Jalali[3] Abstract: Domestic and international armed conflicts are causing chaos and an increase in crime. Meanwhile, one of the most important of these crimes is sexual violence against women, who are more vulnerable than MoreSahar Izadi [1] Leila Raeisi[2] Mahmoud Jalali[3] Abstract: Domestic and international armed conflicts are causing chaos and an increase in crime. Meanwhile, one of the most important of these crimes is sexual violence against women, who are more vulnerable than men because they are more vulnerable. In this regard, despite numerous UN resolutions and international conventions, the rate of these crimes has not decreased and has even been committed by UN peacekeepers. Therefore, the main challenge of this study, after explaining the concept of sexual violence, is its place in international laws and regulations, as well as the causes of recurrence of this violence and the study of prevention strategies. At the end of this study, it will be showed that, despite great efforts and strides in international instruments, the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Statute of the International Criminal Court, there is still insufficient access to justice for women and children and even men victims of sexual violence. At the same time, there are many legal loopholes in international instruments criminalizing sexual violence, and the lack of adequate training of UN peacekeepers and the low number of women is another challenge. [1] - PhD student in International Law, Islamic Azad University Of Isfahan Branch (Khorasgan), Isfahan, Iran, s_izadi10@yahoo.com [2] - Associate Professor, International Law, Islamic Azad University Of Isfahan Branch (Khorasgan), Isfahan, Iran, leila.raeisi222@gmail.com [3] - Associate Professor, Law Department, University of Isfahan, m.jalali@ase.ui.ac.ir Manuscript profile -
Open Access Article
3 - Necessity and effect of criminalization of non-international armed conflicts in the Statute of the International Criminal Court
Mohsen Amari Mehdi Hatami Mohammad javad jafariMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal C MoreMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal Court for the former Yugoslavia, subs­eq­u­­e­ntly, the Statute of the International Criminal Court in 1998 and the inclusion of the crimes committed in the scope of war crimes, Has led to a massive ch­a­n­ge towards the codifying of laws to these conflicts and developed. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties.The article is divided into two parts; First, it examines the theoretical foundations of the law of armed conflict, and in the second part, it deals with the necessity and effect of criminalization of non-international armed conflict in the Statute of the International Criminal Court. [1].PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran [2].Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author [3]. Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran Manuscript profile -
Open Access Article
4 - Challenges of the Application of International Humanitarian Law in Cyber Warfare
Hasan movassaghiLooking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be rule MoreLooking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be ruled by law and morality, so that wars, which in fact represent conflict of interests, do not turn into savagery and crime. As we witness in the third millennium, the nature and form of warfare is nowadays changing, and this falls under the rules of the international armed conflicts as such that is stipulated under The Tallinn Manual 1 & 2 by the NATO. The research method in this research is descriptive-analytical and the results of the research confirm that it is possible to apply humanitarian standards of international humanitarian law in cyber warfare because war is a phenomenon that affects all sections of a country and causes serious harms. It also affects the right to life and other aspects of human rights, because the first stage of cyber warfare is military and security classified information, and the next stage is the destruction, transfer, change and distortion of information and data related to the people and civilians of the enemy, and, noting that the civilians are not considered as combatants, they must not be the target of cyber-attacks and that the international humanitarian law, which is a common human value, must be applied in such cases. Manuscript profile -
Open Access Article
5 - Challenges of Applying the Principles of Armed Conflict to Cyber Attacks Case Study: Observance of the Principle of Prohibition of the Use of Force and the Principle of Distinction in Cyber Attacks
Zohre Sadeghi MohammadJavad ArabianDue 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 effor MoreDue 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. Manuscript profile -
Open Access Article
6 - Environmental Security: Regional Cooperation, Development and Armed Conflict in the Persian Gulf
Mahdi Mallahi G. Ramachandrappa -
Open Access Article
7 - The ambiguities of International Humanitarian Law application on World War against Terrorism
Mahdi Heydarifard Ali Pour Ghassab Amirithe entry of non-governmental Emtities is one of the important indicators of contemporary wars that causes unbalanced structure of conflicts. In recent decades, rapid advances in weapons technology increased the gap between the warring parties in terms of military capab Morethe entry of non-governmental Emtities is one of the important indicators of contemporary wars that causes unbalanced structure of conflicts. In recent decades, rapid advances in weapons technology increased the gap between the warring parties in terms of military capabilities, the upsetting of the balance of power and divided them into strong and weak. As a result we have witnessed the innovation of Asymmetric, Non-structured war methods based on Unconventional using ofArmed tools and tactics, such as resorting to terrorist acts. The emergence of these methods has expanded the scope of military conflict to civil society and reduced the complience of the parties to basic principles of international humanitarian law as the only legal means to protect the lives of civilians and propert against military attacks. in the nature of today's wars and the shift to non-governmental conflicts with ethnic, religious and identity goals has led to the development of the battlefield and the entry of civilians as fighters, which has greatly blurred the line between military and civilian. Finally, the lack of international consensus on the definition of terrorism and its examples, the political approach of countries and sometimes,Hiring of terrorist groups, the monopoly of the application of humanitarian law principles on war situations while some terrorist acts take place outside the battlefield. .. are some of the factors that have intensified this challenge. Manuscript profile -
Open Access Article
8 - Searching the governing principles of humanitarian law in the 2023 Israeli attacks on Gaza
pooneh tabibzadeh mehdi zeinaldiniAbstract Armed attacks on military and civilian targets to achieve political expediency have long been a means of using force and power. This matter has attracted international attention for almost a century in the Palestinian land with the violence of the occupying Z MoreAbstract Armed attacks on military and civilian targets to achieve political expediency have long been a means of using force and power. This matter has attracted international attention for almost a century in the Palestinian land with the violence of the occupying Zionist regime of Israel against the Palestinian civilians. However, no international reaction from the Arab Muslim countries and the actions of the United Nations have been able to prevent the invasion and occupation of the oppressive Israeli regime. This has become an important factor in mobilizing the global public opinion of the nations against the heinous crimes against humanity of this regime. Israel's attacks on the Gaza Strip after October 7, 2023, for nearly four months continuously, have left more than tens of thousands of civilian dead in Gaza, while civilians are immune from military attacks by the warring parties according to the international rules of humanitarian law. . The parties, whether in the position of attack or in the position of defense, must support civilians according to the fundamental principles of the aforementioned rules. Despite these principles, committing massive human atrocities in the Gaza Strip against women and children has shown the failure of international law rules. And the criminal regime is murdering women and children by suggesting that the civilians of Gaza are no longer civilians with the help and assistance of the Hamas militant group and can be the target of military attacks. Now, in this article, by raising the question: Can the Zionist regime of Israel make Palestinian civilians a military target under the pretext of supporting the Hamas militant group? The necessary investigations are carried out with a descriptive and analytical method in relation to the fundamental principles of humanitarian rights. to show the violations of these rules by the Zionist regime of Israel. Manuscript profile -
Open Access Article
9 - The situation of children in armed conflict
ebrahim mashhadi masoud bitaneh musa musavi zenuzChildren are not the cause of armed conflict, but they have always suffered a lot in this regard in various ways. Therefore, since the largest share of injuries caused by armed conflict is to this group of civilians, therefore, humanitarian organizations and institution MoreChildren are not the cause of armed conflict, but they have always suffered a lot in this regard in various ways. Therefore, since the largest share of injuries caused by armed conflict is to this group of civilians, therefore, humanitarian organizations and institutions and governments have thought of supporting this vulnerable group. Children make up half of the victims of international and non-international (domestic) armed conflict. According to statistics, in more than 36 countries, children have been victims of armed conflict. Today, most of the armed conflicts are internal and the rate of destruction, violence and injuries to children and human casualties is very high and terrible. CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS Manuscript profile -
Open Access Article
10 - The principle of Proportionality in Light of the Use of Artificial Intelligence in Armed Conflicts
sepideh alayee fard masoud rae Alireza Ansari MahyariArtificial intelligence, akin to any scientific discipline, yields numerous positive and negative impacts. The identification and management of these effects are essential in determining the most appropriate response to a given target in the shortest possible time durin MoreArtificial intelligence, akin to any scientific discipline, yields numerous positive and negative impacts. The identification and management of these effects are essential in determining the most appropriate response to a given target in the shortest possible time during conflict. The evolution of technology and its influence on warfare armaments has engendered a new paradigm in armed conflicts. Artificial intelligence is poised to fundamentally transform the dynamics of warfare, as it possesses the capability to amass and scrutinize extensive data from diverse conflict scenarios, enabling it to make more suitable decisions. Consequently, this has contributed to a reduction in loss of life and financial resources in conflicts compared to conventional warfare. Given the alterations introduced by this advancement in the realm of conflict law, several tenets of humanitarian law necessitate revision. Foremost among these tenets is the principle of proportionality. In this article, the redefinition of this principle is addressed, with an initial elucidation of the nature and attributes of artificial intelligence, followed by an exploration of the interplay between humanitarian rights and the principle of proportionality. The role of technology in armed conflicts is then expounded upon, and subsequently, an examination of the application of the principle of proportionality in conjunction with artificial intelligence is conducted, encompassing its effects on the ability to detect, assess, and respond to targets and threats. With the decrease in casualties attributable to the utilization of technology, the principle of proportionality in armed conflicts should be reviewed through a human-centric approach, ensuring the responsible and ethical implementation of this technology. Manuscript profile
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