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Author(s): 

MOROVAT MOJTABA

Issue Info: 
  • Year: 

    2006
  • Volume: 

    8
  • Issue: 

    18 (SPECIAL OF LAW)
  • Pages: 

    139-177
Measures: 
  • Citations: 

    0
  • Views: 

    3279
  • Downloads: 

    0
Abstract: 

With affirmation that child as a delicate class grow in time of tense and urgency, there exist legal protection in international documents mostly in two process: ltuman Rights and Humanitarian Law. Thies protections divided in two sorts: general protection, special protection. General protection indude foundumental priniciples such as: proportion, separation between combatant and noncombatant, prohibition of blindly attacks, announcement of danger, exhaustion, transplantation, giving healthful! and shut - in servises, etc... In complement of this general protection there exist special pretection that is namely indude; prohibition of recruitment and exploitation of ohildren in Armed forces, conservation physical and mental health of children, right to security and immunitization from arrestment, detention and imprisonment, family rights for example right to have family and identity regist ration, orphan child eave, respecting family solidarity, educution and cultural rights, the rights connected with refugees and displaced, s child, fair and particular trail, nationality prohibition from slavary and com pulsory working. In this protective way will pay attention to International documents and relevant organization until mind direct to human dignityn.Further, whem we evuluate existent documents, will realize the interrelationships between human rights and humanitarian law and will find that "children" is the issue that outward close contact between human rights and humanitarian law.

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Author(s): 

Ramezani Ghavam Abadi Mohammad Hossein, Montazeri Ghahjavarestani Iman

Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    4
  • Pages: 

    297-343
Measures: 
  • Citations: 

    0
  • Views: 

    162
  • Downloads: 

    0
Abstract: 

Nowadays the vast majority of armed conflicts are non-international conflicts. Mostof these conflicts, which last for along time take place between one or more non-state armed groups with one country or between such armed groups within the territory ofa state. The proliferation ofarmed groups in recent decades aswell as the growing impact ofthese armed groups on civilians, has caused the international community's concern. Given the protracted nature of these armed conflicts, as well as the wide range of governmental and non-governmental activities in which armed groups participate international humanitarian law is unable to regulate the relations between armed groups and civilians about activities that have no nexus to armed conflict. The law that applies to these cases is human rights law. Although it is wieldy accepted that human rights law also applies in armed conflicts given to the nature of human rights law that was created to regulate the relationship between states and individuals within their jurisdiction the applicability of human rights law on armed groups leads to many controversies between states and doctrine. Despite these controversies, current legal practice tends to argue that armed groups who exercise de facto control over territory are bound by human rights law. In this article by examining practice and doctrine, we try to prove that armed groups are bound by human rights law.

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Author(s): 

Bagherinezhad Zeinab

Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    46
  • Pages: 

    115-144
Measures: 
  • Citations: 

    0
  • Views: 

    39
  • Downloads: 

    0
Abstract: 

One of the most important goals of developing the rules of international humanitarian law is to protect people who are not directly involved in war in most cases, but the violence and suffering caused by war is imposed on them. As one of the vulnerable groups, women are exposed to being victimized due to war crimes or crimes against humanity, especially during civil wars. When a civilian group, in the territory of a government enters into conflict with that government, a situation of non-international armed conflict is created; A situation that will be governed by different rules than those governing international armed conflicts. The rules that result from Article 3 of the Geneva Conventions, the second additional protocol and international custom. Dominating a part of the territory of a country by the forces on a continuous basis, having minimum facilities to establish a base inside the territory of the conflict, having a responsible commander, etc. are the most important characteristics of a hostile group, and in this case, it is possible to implement the rules of law. International humanitarianism is expected from them.The black figure of women's victimization due to their gender in armed conflicts has led to the lack of identification of the perpetrators and the lack of necessary support for them, and this itself leads to their secondary victimization. In internal armed conflicts, the issue of women's victimization, due to the occurrence of violence inside the territory of a country and its inability to be monitored by international institutions on the one hand, and their victimization (direct and indirect) from different directions on the other hand, along with numerous problems It becomes more important in repairing the damage caused to them. In addition, the governments do not want to provide humanitarian support and aid to their nationals and citizens in the event of a civil war, and in the event of this type of conflict, they seek to suppress the opposition to the extent that the perpetrators of war crimes and ... be.Today, the violation of women's rights in internal armed conflicts as people who did not play an active role in these conflicts is recognized as a war crime. Because war crime is known as a gross violation of international humanitarian rights in armed conflicts, and the violation of women's rights is a gross manifestation of this violation. Although committing these actions in some cases leads to a crime against humanity or even genocide. Since the violation of the rules of humanitarian rights has been done in the territory of a state, not only the people involved in these conflicts, but also the states (whether the state that is a party to the conflict or the state that helps one of the parties to the war) are committed and obliged to respect the rights are international humanitarians and in case of violation of these international rules, they will be responsible for the victims of crimes. In the rules of international humanitarian law governing civil wars, the civil and international responsibility of governments and perpetrators of crimes in these conflicts is emphasized. In addition to accepting the violation of women's rights as a war crime and a crime against humanity (as the case may be), the statutes and jurisprudence of international criminal courts have considered the perpetrators of these crimes to be criminally responsible.  This article, using the descriptive-analytical method, using library resources and card cabinet tools, seeks to investigate the issue of what are the most important manifestations of the violation of women's rights in civil wars as a violation of international humanitarian rights and its effects, and the procedure How has international criminal courts been in identifying numerous cases of violation of women's rights? Sexual violence, as the most obvious example of the violation of women's rights in internal armed conflicts, has led to many destructive effects on women, which is confirmed by the studies conducted during internal armed wars and especially after the end of the war and violence. What the numerous cases of internal armed wars and the judicial procedure of international criminal courts show is the lack of appropriate solutions and treatment for women victims of violence in the process of reacting to the violation of their rights, especially in criminal proceedings (Submitting a complaint to the corrupt criminal system, the lack of proper services from lawyers, prosecutors, judges, and the criminal justice system in general), which requires providing different ways of support than what currently exists.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    91-104
Measures: 
  • Citations: 

    0
  • Views: 

    259
  • Downloads: 

    523
Abstract: 

War has been changed everything in the history of humanity. Modern aspects of war doesn't limit to the civilians and combatants, rather it has a widespread impact on the routine lives of individuals. The direct impact of armed conflicts is on the battlefield however the most serious impacts are indirect. Tourism industry is one the fields that armed conflicts have indirect impact on it. Because of the disaster of war thousands of people lost their jobs and unemployment comes as a serious challenge of states. Psychological impacts of armed conflicts have direct impacts on the mind of tourists and because of that the countries which involved in an armed conflict many years after the end of war see its destructive impacts on their industries especially tourism industry. Terrorism is another effective factor on tourism industry. The impact of terrorists on tourism industry is greater than classical armed conflicts. As we observe the situation of Iraq and Syria as the countries which directly involved in the challenge of fighting against Islamic State in Iraq and Syria (ISIS).

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Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2018
  • Volume: 

    19
  • Issue: 

    58
  • Pages: 

    9-27
Measures: 
  • Citations: 

    0
  • Views: 

    1786
  • Downloads: 

    0
Abstract: 

In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non-international conflicts. Applicability of some of international humanitarian law rules to this kind of conflicts is doubtful. One of these rules is the principle of proportionality.This principle means that incidental and consequential damages resulting from an attack against civilians or civilian objects should not exceed the direct military advantage expected of the attack.1977 Additional Protocol II to the 1949 Geneva Conventions which deals with the rules governing non-international conflicts has not referred to this principle. However, in accordance with what is discussed in this paper, the principle of proportionality is applicable to these conflicts.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    3
  • Pages: 

    717-734
Measures: 
  • Citations: 

    0
  • Views: 

    1503
  • 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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Issue Info: 
  • Year: 

    2020
  • Volume: 

    49
  • Issue: 

    4
  • Pages: 

    1329-1349
Measures: 
  • Citations: 

    0
  • Views: 

    1077
  • Downloads: 

    0
Abstract: 

Enemy alien is used to refer to those aliens that are nationals of a country that you are fighting with. Theory and practice rightly distinguish between expulsion of alien in peace and war. A war will make nationals of your opposite state to enemy aliens. The belligerent state may consider it convenient to expel all of the aliens present in its country, including permanent or temporal residents. However this act may seem hard and unfair to aliens, but this has been accepted that this act is justifiable. International humanitarian law studies different situations including deportation or transfer of citizens such as aliens which are related to an armed conflict. However, states use this right largely by the excuse of internal security and public order. But the power of expulsion of aliens should be considered a special one and be used in special situations.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
Measures: 
  • Views: 

    263
  • Downloads: 

    0
Abstract: 

ONE OF THE CHARACTERISTICS OF CONTEMPORARY ARMED CONFLICTS IS ITS TERRIBLE EFFECTS ON ORDINARY PEOPLE, INCLUDING WOMEN, AS PART OF A CIVILIAN POPULATION VICTIMIZED BY MASS MURDER AND GENOCIDE. IN RECENT DECADES, SOME FORMS OF VIOLENCE AGAINST WOMEN, INCLUDING SEXUAL EXPLOITATION AND FEMALE GENITAL MUTILATION (FGM), HAVE MADE THE INTERNATIONAL COMMUNITY ANGRY. VIOLENCE AGAINST WOMEN HAS TAKEN PLACE IN DIFFERENT FORMS AND ENVIRONMENTS, AND IN ANY PERIOD; HOWEVER, EXPERIENCE SHOWS THAT IN ARMED CONFLICTS, THESE KINDS OF VIOLENCE AND ESPECIALLY SEXUAL HARASSMENT ARE HEAVIER BECAUSE WAS CHANGES THE FACE OF LIFE, AND MAKES IT A BATTLE FOR STAYING. IN RECENT CONFLICTS, DUE TO THE CHANGING PATTERN OF CONFLICTS AND SPREAD OF LETHAL WEAPONS, THE BORDERLINE BETWEEN WAR AND CRIME AND HUMAN RIGHTS ABUSES AS WELL AS SEXUAL VIOLENCE HAS BEEN DEVASTATED AND CHAOS AND THEFT HAVE BECOME THE STRATEGY OF WARLORDS. THE EFFECTS OF THIS VIOLENCE ON VICTIMS HAVE REMAINED NOT ONLY DURING CONFLICTS, BUT AFTER THEM, AND WOMEN HAVE NOT RECEIVED MUCH SUPPORT FROM THEIR SOCIETY AND INTERNATIONAL COMMUNITY.

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Author(s): 

MASHHADI A.

Journal: 

WATER AND WASTEWATER

Issue Info: 
  • Year: 

    2020
  • Volume: 

    31
  • Issue: 

    7
  • Pages: 

    180-189
Measures: 
  • Citations: 

    0
  • Views: 

    456
  • Downloads: 

    0
Abstract: 

Water resources in the armed conflict are facing extensive destruction and pollution. Today, protection of water and water resources has become increasingly important during armed conflict. Water resources can be used as a means of warfare, and are also an important source of sustaining civilian life and survival. The key question is, what are the rules in humanitarian law to protect waters during armed conflict? In short, although there are few rules for protecting waters in armed conflict, there are some rules and documents in international humanitarian law. The most important of these rules are: prohibition of water pollution, prohibition of attack on water facilities, guarantee of drinking water rights of prisoners, prohibition of using water as a destructive weapon, and finally the prohibition of attacks on those water resources, which is necessary for the survival of the civilian population. The main purpose of this paper is that for the first time in Persian literature review and analysis of the rules of international humanitarian law concerning the protection of waters and, for the main audience of governments and international lawyers to develop and provide these rules.

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Author(s): 

Ghoreishi Mohammadi Fatemeh Sadat

Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    342-355
Measures: 
  • Citations: 

    0
  • Views: 

    112
  • Downloads: 

    8
Abstract: 

Background and Aim: The wounded and sick people of armed conflicts are among the people who are most vulnerable during the conflict and they die due to reasons such as the lack of special facilities and conditions in the conflict areas. In this article, an attempt has been made to examine the question of what rights the sick and injured in armed conflicts have in jurisprudence and international humanitarian law. Methods: This paper is descriptive and analytical and the library method was applied. Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed. Results: The findings of the article indicate that both in jurisprudence and humanitarian law standards, the support of the injured and the sick has been emphasized. The Geneva Conventions and Protocols contain specific provisions regarding the necessity of support, care and respect for the wounded and sick of armed conflicts. According to these rules, all parties and governments involved in conflicts and even neutral governments are committed to take necessary measures to treat and care for the wounded and sick. In jurisprudence, the killing of the wounded and the sick is prohibited and the necessity of taking care of them is specified. Conclusion: The importance of caring for and supporting the wounded and sick requires that medical personnel who intend to help the wounded and sick in armed conflicts also have support. Please cite this article as: Ghoreishi Mohammadi FS. Rights of Patients in Armed Conflicts in Jurisprudence and International Humanitarian Law. Medical Law Journal. 2023; 17(58): e24.

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