Function of the Vital National Interest in Humanity Scopes of International Law: Humanitarian Law

International Law, by referring to the vital national and security interests has been used as a shield against legal’s, as an instrument to escape from legal obligations and as a justification for breaking up the treaties, therefore it limits the appliance of International Law Rules especially International Humanitarian Law, yet claiming of the observance of International Law. This notion and other similar concepts, are considered as one of the main obstacles against development in universalizing International Law especially IHL, because It can cause intractable misuses by states as well as justifying anything by reffering to national interest. IHL norms bring a serious challenge to the governments holding the fundamental logic of sovereignty and national interests. According to primary precedence of human norms in international law, The vital national interests only in compliance with the international law rules and provide the ground for legitimate government functioning. Therefore, governments have always tried to explain and interpret the vital national interests in a way that results the least loss to the universal international values.