نشریه مطالعات بین المللی
سال دهم شماره 4 (پیاپی 40، بهار 1393)

Studying the legal and complicated dimensions of cyber attacks, as new phenomena, within the IHL rules and principles is not only necessary but also inevitable. This survey is attempting to clarify the technical aspects of cyber attacks and also seek to deal with and analyze its legal aspects as well. The survey, finally, has reached to this approach that existing rules and principles of International Humanitarian Law cannot completely cover and govern upon cyber attacks due to its different substance and formation doss in the cyber space.

The main question: Have victims and witness the rights in international criminal tribunals? The Rights of victims and witnesses in the international criminal tribunals is attended accompany with this kind of rights in the international and internal aspects. In the primary international criminal tribunals and after World War II, victims and witnesses were considered as missing link of criminal justice. After it and affected of “victims movement” and “restorative justice “theory, for the first time in the Statutes of “ICTY” and “ICTR” was passed the decisions for the protection of victims and witnesses. Main protection is Observable about three axes: Establishment of victims and witnesses unit, decisions about the Nondisclosure of victims and witnesses Identities, and redress of victims. Yet victims don’t have right to Participate in trial and “ICTY” and “ICTR” refer the redress to national tribunals. International criminal court(ICC)has developed rules about the protection of victims and witnesses and has considered right of direct Presence in the trial for the victims and their representatives, and also has passed the decision for redress of them. Findings: we conclude that the rights of victims and witnesses in the international criminal tribunals have traversed an evolutionary process

Today, as in the past the relationships ofcountries in the world are notaffected only by the interaction between them and some of the non-governmental organizations (NGO) are also due to the scope of their duties haveimportant competencies and functions which among them are International Committee of the Red Cross andAmnesty International Committee. These NGOs that passlong time from the beginning of their activities in global levels, can play an important role in many country to country and civil wars and make observance of international humanitarian law during the conflict and the parties are committed to respect international humanitarian law.So the war of attrition andinternal appearance, which is happening now in the Middle East, is the war in Syria. In this study, the role of international non-governmental organizations in line with the action that happens in the world, with a case study of Syria, isbeing investigated. International non-governmental organizations in all activitiesduring the war, ceasefire, prohibits the use of weapons of mass destruction, refugees, prisoners and ... are critically being evaluated that how they provide the fields of development and humanitarian law with their actions, because failure to identify the exact role of these organizations could not meet their important role in the domestic and international levels in the twenty-first century. Due to the inefficiency of public international organizations in many fields, for reasons of political disputes requires the role of these organizations in the world over the past century.

Until adoption of statute of International Criminal Court, International Law has not a clear and confidential answer to the question of necessity or possibility of reparation of victims of serious violations of international humanitarian law by perpetrators and the matter only was in the frame of domestic legal systems. Now after evolution of international law from State-oriented base to Human-oriented base, statute of International Criminal Court, in addition to the theory of State responsibility are opportunities for reparation, and two resolutions adopted by UN General Assembly (1985 and 2006) on justice for victims of crimes and abuse of power and reparation for victims of serious violations of humanitarian law, present clearer image of duty to reparation on perpetrators as principal actors of international crimes. This clear image with ignore of immunity of States properties and with increasing attention to combat impunity, promotes prevention of gross and serious violations of human rights and humanitarian law.

War is the most obvious instances of the use of force. Armed hostilities in any kind are called conflict that may happen between two or more states which are in complete contrast. As was stated about Yougoslavia in International Court of Justice, an international armed conflict will be existed when the countries have been brought on the force lever. Then, the fire of war will involve the whole land, naval and air domain of those countries and this is known as land battles, naval wars and air wars. In the present paper we will analyze and investigate the air wars. Air war is the series of operations that are guided and steering with different kinds of military tools in air force (such as aircraft, helicopters and today unmanned aircrafts) by a state against the hostile country. This kind of war that is less dealt with requires its own special rules because of the special implemented tools which can make much destruction in a few seconds. Here, we will study those rules and express the efforts that are made to rule the use of these war tools and analyze their principles along with the Hauge conventions as 1923 convention and also Geneva Convention and the first joining protocol after that. In view of the fact that today the aggressive powers are the beginners of war directly or indirectly these war tools are mainly used because of their speed and sudden nature of war. In this regard, the speed of tools in one hand and the distance between the invading and the invasion on the other hand cause the third parties exit from neutrality (by giving military base or landing let) or third parties rape of privacies so these issues justifies the necessity of reference to the governing rules of this kind of armed international hostilities, then we study these rules here.

Parallel to the development of science and technology, wars and conflicts are also become wider and more modernized. Undoubtedly,submarines are among the armaments which are used efficiently in naval wars. The role of submarines in comparison to other war equipments has been more prominent. From the very beginning, their importance against enemy warships and commercial ships is proposed. If submarines seized a commercial ship, their action must have been in accordance with regular procedure of inspection. This case posed serious threats to submarines at least in the water surface. Today some submarines move with nuclear fuel and Carries a variety of advanced missiles. A rule of international law in this case is not responsive at all to new issues of the contemporary world. Despite the complexity of the sub-surface combat, submarines Committed to rescue the injured and shipwreck victims and respect the other rules of humanitarian law International rules governing the conduct of submarine warfare, especially in the twenty-first century, seek to accommodate to the two branches of international law: first the neutrality law and second the law governing the conduct of military operations.

The Jihad verdict in Islam has caused Islam to be known belligerent and warlike; Islam not only doesn’t agree with violence and war but also believes Jihad is a way to obtain the rights of the oppressed people by observing the specific conditions, and struggling against cruelty. Islam tries to control and limit the destructive effect of the war and fight in respect with clear principles and regulations. The lawyers̓ efforts in codifying and developing the Humanitarian Law and all the principles also considered by Islam and the governors of the Islamic territories also observed them as obligatory rules. The origin of the present Humanitarian Law also can be sought in the Islamic regulations. The present essay is an effort to find one of the origins of the regulations of the present Humanitarian Law on enforceable rules in the early era of Islam.

International humanitarian law has restricted the choice and application of military alternatives in armed conflicts by outlining some regulations. However, the 9/11 attacks opened a new chapter in such conflicts, resulting in challenges and uncertainties in the implementation of international humanitarian law. One of such cases is the use of drone attacks by clandestine organizations against terrorist groups. The special capabilities of drones particularly the secret nature of their operations have become an important element in the missions carried out by secret intelligence organizations against terrorist groups. The United States’ Central Intelligence Agency is among such organizations whose use of drone attacks has turned into a controversial issue from the perspective of humanitarian international law. Although the issue of whether the kind of violence used by American armed forces against terrorist groups amounts to hostility or not is still controversial, the present study considers the use of drone attacks as a military conflict, examining the legitimacy of such attacks and making an attempt to provide a descriptive and analytical analysis of the clandestine nature of drone attacks as opposed to the right to access information in military conflicts.

Peacekeeping and humanitarian are of the most important goals and programs of the UN and it is the most important universal international organization .The UN Security Council is the most important pillar and its duty keep international peace and security.This pillar has a special privilege that is its name Veto and It is belonging to the five permanent members of the Security Council .And due to the important duty of this pillar a question comes to mind that What is the role of veto in peacekeeping and Promotion of humanitarian law in the world today? and when we studied issue intensity we understand The veto has been a means for authoritarian purposes its users and Often been hinder peacekeeping and humanitarian law .It is essential for international community members that try to limit the powers of veto owners when they want to use of the veto.

Due diligence implies to minimum standards that disrespect to them lead to responsibility of the state. In fact, International Humanitarian Law is associated with jus ad bellum and includes a set of rules that are govern on the war time and are considered to be protective. But the scope in the Humanitarian Law is not obvious and moreover recognition of doctrine of Responsibility to Protect would amount to the question that whether breach of due diligence bring Responsibility to Protect for state and international community? What is the threshold of state’s responsibility under the International Humanitarian Law? When this threshold lead to responsibility to protect? Our hypothesis in this article is that if states violate from due diligence in respecting human rights, responsibility to protect would create. Therefore, governments to avoid being held responsible, must adhere to their obligations in time of war. In this study we used library and Internet resources with a descriptive- analytic approach.

War crimes and intense violation of the International humanitarian law, in regions like Rwanda and Yugoslavia in the late twentieth century, made the world believe this idea that, just occurrence of intense violations and maybe the regulations of the International humanitarian law, make the way for the Responsibility to protect doctrine to come into force. In the initial level of this doctrine the primary responsibility to protect of civilians is on the respective state, but where the respective state cannot or not be willing to play role in this jurisdiction, there is the international community that actsinstead. The relation between this doctrin and international humanitarian law came into in organs of responsibility to protection doctirn that will find out on report of General secretary.The protection Responsibility of the state, International Assistance and capacity building,Timely and decisive respose are organs of this doctrin. Achievements like criminalization of violation of the International humanitarian law, creation of “No-Fly Zone”, support civilians, arming revolutionaries and intervention of Regional institutions are the means in order to attain the worthful goal of maintaining international humanitarian law via the Responsibility to protect doctrine.

The social media influence the public opinion seriously due to its educational and informative function in increasing the individuals’ awareness of the humanitarian issues, including the human rights law, as an applicable instrument in the armed conflicts, providing required grounds for its furtherance and also in protecting the people who have been repeatedly suffered from gross violence. In order to study the role of the media in enhancing the public awareness of the provisions of the humanitarian law, we in the present have addressed a number of questions, such as: What kind of role the media, as a cultural element with different functions, can play in promoting and enhancing the public information and awareness of the humanitarian law? Can the pressures from the media guarantee the implementation of the provisions inserted in the (rules of humanitarian law)? If the media can play and effective role in addressing current gaps and filling them, and reforming the statutory rules of the humanitarian law? To this end, the present research used an analytical-descript method, along with the information databases, library resources and reviews, for making an exploration into the matter. The conclusion is that the media serves as a communication means and makes the mass remain informed about the shortcomings and gaps in body of the international human rights law through disseminating the information in a correct way. Additionally, as a matter of commitment and mission, the media may give the statesmen and politicians timey warnings of the existing gaps in the principles contained in the general text of the human rights law and provide proper grounds which are required for protecting civil persons (for example, journalists and reporters) at critical times like the wartime.