نشریه مطالعات بین المللی
سال دوازدهم شماره 4 (پیاپی 48، بهار 1395)

Human Rights can implement properly when its studies to be detailed. In other words, to guarantee and promote human rights, we need precise studies on legal-political scope. The author believes that the companions of knowledge and wisdom can be effective and efficient in criticism and modification of human rights` studies. Because of this reason, in this article it is tried to criticize the human rights` studies relying on intellectuals and elites. Thus, human rights studies in Iranian society and universities will be discussed. In this context, the human rights field and its topics as well as the motivations of stake holders of human rights research and education besides higher education system would be seriously criticized. The hypothesis of this article is based on deconstruction of the Science Ministry and universities` bureaucracy. The transition from bureaucratic criteria into the knowledge criteria, cooperation of the knowledge and wisdom stake holders, attention to the effectiveness of any scientific trace and honoring the problem solving thinking that is able to open the local and international nodes are possible by a persuasive dialogue.

The widespread uprisings of Middle East show the failure of the standard political trends with incapacitation of the government institutions in fundamental democratic changes. The combination of civil disobedience, political action and struggle seeking paved the way to unprecedented fall of regimes in the region. Doubtlessly, the economic downturn was effective in the democratic uprisings of Arabic spring. All of the region involve with anti-government protests of a generation that is disable to find job and freely express its opinions. A social consensus against the Populist authoritarianism is created that is resulting from decades of mismanagement, kindred ties, corruption and political suppressed. However, what has been ignored is evaluation of the role of emotions, solidarities and online activities. Unassailably, the modern technological communication provides a new condition for public debates to make them able to bring up their demands more effective. In the age of communication, these technologies would eliminate borders and obstacles and could create a good feeling of sympathy and fixation for the wide uprisings against tyrannical regimes. The motivations of change increasingly fill the region and mobilize the people to confront despotism. Unlike the view which new technologies are a threat to norms and cultural identity, these technologies lead to eruption of correlations, association of cultures and ultra-place identities. The main goal of new media technology is increasingly demand of political freedom, open society and human rights.

Article 2 of the UN Charter, including the principles of public international law, including the principle of non-use of force, the principles of Inherent Right of Self- defense and the principles of The Right of nations to self-Determination. These principles hold the pillars of international law that all countries and international organizations in international relations among themselves, should consider compliance with these principles. Cast and rebel groups in Yemen area, and identify them by governments, international organizations in international law, can have a different consequences. Recent developments in Yemen and Saudi Arabia’s following interventions that named Operation Decisive Storm interventions, and subsequent of that 2216 resolutions of the Security Council is extremely hesitant thoughts, indeed, if the issuance of this resolution could be due to the justification of military intervention of Saudi Arabia at the tumultuous scene of Yemen, with multiple actors which the roles are constantly is changing? This article tries descriptive- analytical way, illegal and non-legitimate military intervention in Yemen to Saudi Arabia with the fundamental principles of international law expressed in the Charter while defects of 2216 Resolution, and that this resolution is not conducive to legitimize Saudi Arabia’s military intervention in Yemen.

One of the most important characteristics of international law is the obligations of countries towards implementation of treaties. Sometimes the accepted obligations in some international documents are not clear and have not enough solidity. The accepted obligations in the International Covenant on Economic, Social and Cultural rights by governments is one of those obligations. In this regard, the phrases which are used in article 2 of this agreement about states` obligations is unlike to the related article in the International Covenant on Civil and Political Rights that clearly is not recalling the obligations of states in economic, social and cultural rights. However, legal evolutions after ratification of above mentioned agreement in 1966 and also proposal of theories of number 2 and 3 of committee of economic, social and cultural rights which act as judicial Quasi organ of conflict dissolution of states, make the nature of states` obligations more clearer in this scope and define a more transparent responsibility for contracting parties. Presentation of these theories was effective in the process of presenting new definitions and principals of the states` obligations` nature in international level. In the way that we can find some dimensions of this matter in human rights council`s agenda. This article is trying to mention a brief history of economic, social and cultural rights in international level and define states` obligations towards mentioned covenant and then analyze number 2 and 3 theories and its developments. The main focus of this text is on number 2 and 3 theories of committee of economic, social and cultural rights as Quasi- Judicial organ of conflict dissolution of states in covenant and its effects on clearing the nature of states` obligations.

Primitive humans had always worried about their most fundamental needs like food, clothing and haven. In this regard, they had done many efforts and gradually their material requirements increased and learnt the social life as a demand. They ought to be thought about future and learn how ignore other`s benefits to achieve their personal benefits. To meet their goals they began wars and in this way they used any available weapons they had. By passage of time and advancement of technology, the weapons promoted and gradually they achieved weapons of mass destruction. Over time and by increasing the numbers of wars humans found casualties and hazards that resulting from this kinds of war threaten them. The weapons of mass destruction which caused many injuries during wars, is not compatible with the human beings` dignity and principles of justice. Many religions, philosophers and lawyers have tried to obstruct these casualties. With formation of International Law and foundation of international provisions it is tried to prevent the casualties. But it should be noted that before creation of International law, Islam and other religions paid special attention to human beings` dignity and the right to life and they did not accept tyranny and cruelty. What is necessary in research of weapons of mass destruction is Islamic theories and views about consumption of these weapons and proposing this question that “whether Islam has permitted the consumption of these weapons or not?”

According to the resolution S-21/1 on 23 January 2014, human rights council decided to send independent committee in order to investigate on Gaza war and its crimes. International law especially human rights, humanitarian law and criminal law have been normative framework of investigating committee. Therefore, this article is to study the published report, to analyze how international society deals with actions against international regulations in the war and also responsibility of UN. Accordingly the main question of the article is: what is responsibility of UN and related institutions towards crimes against human rights committed in Gaza war and also how actions of institutions may affect similar events in the future? Provisional answer may be that responsibilities of UN and related institutions toward actions against international regulations including Gaza war of 2014 are: 1) to investigate facts and international violations, 2) to report committed crimes, 3) to persuade international society to take effective action and enforce responsible authorities to accept responsibility of crimes they have committed. Lack of effective actions prepares the situation for further actions against international regulations which leads to instability, human rights violation and international irresponsibility.

Military alliances is crucial in today's world. . North Atlantic Treaty Organization (NATO), after the collapse of the East Bloc as the strongest military alliance in the world, has been crucial. Although the treaty against the Warsaw Pact was formed after the dissolution of the Warsaw Pact was expected, the treaty itself, or at least limit the dissolution, but this trend was reversed, so that the treaty went into development. Russia, which saw its vital interests at stake, a range of measures to deal with the current applied. In this research using descriptive analytical method and by taking advantage of neorealism theory Kenneth Waltz, the process of NATO expansion to the East of the Russian opposition, to be explaining. It seems that the doctrine of multiple compilation and planning Dfay_Amnyty Russia, the followup measures in multilateral diplomacy in Central Asia, the Shanghai Treaty Security- Defensive approach, Arms race and NATO, oppose the former Soviet republics to join NATO, and NATO missile defense shield program in Eastern Europe to deal with, The Russian security defense measures in order to deal with the process of NATO expansion to the East.

Comparison between the right to freedom of expression with banning, prevention and countering with using of cyberspace for terrorist purposes is one the emerging challenges in the field of international law. Due to the governments’ relations integrity at the present time and cyberspace fundamentality in international relations, our country is not immune of that and of course, the importance of addressing the challenge from the perspective of international law is doubled. In this study, according to the international human rights instruments particularly the International Covenant on Civil and Political Rights as well as national and international jurisprudence, the necessities of Comparison between the right to freedom of expression with banning, prevention and countering with using of cyberspace for terrorist purposes is taken into consideration. The conclusion of this topic is that in addition to the necessity of providing an international definition of terrorism, two key elements should be considered in this regard: First, the comparison should be provided in accordance with law and second, it should be necessary for respect of the rights or reputation of others, protection of national security, public order and health and morality.

The establish third generation courts is new issue in International Law. This kind of courts are neither like first generation of court ( Nuremburg and Tokyo Courts) Nor International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda but they were effected by first and second generation courts. Also, the third generation courts have international and internal lawyer and staffer. Both The United Nation and the country that it wants to hold this kind of court in their country should pay. Extraordinary Chambers of court of Cambodia is one of them that in lengthy decision addressed the criminal responsibility of the two remaining senior leaders (Noun Chea and Khieu Samphan) of Democratic Kampuchea regime. They were convicted of crimes against humanity, extermination and population movement between 1975 to 1979. Fear the advanced age of the accused meant there was a real possibility that they would not live to judgment, the Trial Chamber separate trials. IENG Sary`s death extinguished all Criminal and civil against him. Combadi`s government suggested this trial hold in internal court but the United Nation rejected.