فصلنامه مطالعات بین المللی پلیس
پیاپی 48 (زمستان 1400)

This paper examines the role of international law towards responsible state behavior in cyberspace with emphasis on challenges and perspectives. It also seeks to provide a framework based on rules to legitimize the actions of states in response to unlawful activity in cyberspace by other states. In addition, this paper seeks to emphasize the challenges involved in the application of international law, and examines this issue by applying the two principles of sovereignty and non-interference in the internal affairs of other countries.

This article is written analytically-descriptively.

While acknowledging these challenges, if the UN parallel processes in the form of “The Open-Ended Working Group (OEWG)” and “The United Nations Group of Governmental Experts (UN GGE)” do not result in substantial agreement between states on debates of international law, the debates in themselves are valuable in encouraging states to deliberate on these issues and to make their views public. By publicizing their views, states add momentum to the journey towards cyber-specific understandings of international law, and there are positive prospects in this regard.

The EU General Data Protection Regulation is a manifestation of how states regulate access to the Cloud data. But the EU standards set out in this Regulations are distinct from the US technology companies’ obligations in the Cloud based on its state regulation, territorial state, datacenter state or user state. The study of legal aspects of this situation and its impact on exercise of jurisdiction and criminal investigation in Cloud are goals and subject of this article, which is important and innovative in this regard.

The present study is based on a descriptive and analytical method and based on library documents and resources to respond one question. Main question is what is criminal investigation’s status in Cloud by EU and US Regulations?

Research findings indicate that the EU General Data Protection Regulation prohibits US law enforcement from criminal investigation in stored data user of technology companies Cloud or having headquarter or Data Center in the EU member states’ territory. But the US recognizes its criminal jurisdiction and want to operate its criminal investigation accordance with the Electronic Communication Privacy Act and based on user nationality or headquarter of technology company. This approach is contrary to the principles of criminal jurisdiction in the Cloud from EU’ view, While the US has agreed to the principle of criminal jurisdiction in the Cloud. So, intervention of the US authorities in accessing the data stored by its Cloud user in a Data Center located outside the US territory is the US extraterritorial criminal jurisdiction and interference in foreign state’s affairs.

Citizenship rights are a set of privileges and enjoyments that are granted to its citizens in the legal system of a country, by considering the two principles of human dignity and non-discrimination in order to provide the ground for the development of individual and social personality. Which is now mentioned as a fundamental right even in international instruments. The observance of this right requires the recognition and the need to respect this right in the constitution. Therefore, in this study, we explain the rights of citizenship in the Constitution of the Islamic Republic of Iran with emphasis on international documents.

The research method in this article is descriptive-analytical which has been done by studying books and articles.

The Constitution of the Islamic Republic of Iran, emphasizing the principle of separation of powers and functional independence of power institutions and emphasizing the principles of equality, justice, security, God's sovereignty and ensuring the full rights of the people, is the primary founder of civil rights. And became a group in economic, social, political and cultural aspects.

Explaining and recognizing social, economic, and political rights in the constitution as the rights of its people is one of the requirements of the rights contained in international documents. The right is subject to other regulations.

This article will emphasize the legal aspects of the issue of foreign fighters from a human rights perspective and the challenges that have arisen from this phenomenon and the existing concerns and categories arising from this issue between states and in the field of international relations. And the main purpose of this is to explain the international humanitarian rules and regulations in this regard and in order to understand and explain the actions of foreign fighters and to mitigate, mitigate, manage and control the harms and unpleasant consequences of this phenomenon to the desired level and by analyzing the challenges. Has come into being.

The present study was conducted by descriptive and analytical methods.

In the present study, by examining the phenomenon of foreign fighters, which has now become one of the most important concerns of countries in the world with the disappearance of international borders by statements such as ideology and self-interest, legal sources against this fact, including sources and territory Humanitarian law deals with the phenomenon of foreign fighters. Finally, the scope of compliance of existing international laws and regulations governing the category of foreign fighters with humanitarian law was examined and concluded that the existing international laws and regulations related to the category of foreign fighters are largely in line with humanitarian law.

The United States has unilaterally imposed aviation sanctions on many countries, including Iran, outside of UN Security Council resolutions. The aviation sanctions challenge safety, which is the most essential element of aviation industry and consequently it has serious effects on regional aviation geopolitics. In this article, two important questions are raised: First, how are US aviation sanctions against the Islamic Republic of Iran assessed in the light of international human rights principals? Second, what impact do these sanctions have on aviation geopolitics and international aviation relations in West Asia? To answer these questions; the authors made these findings using a descriptive-analytical method. The direct relationship of the aviation safety with “right to life”, “right to security”, “right to health” and “right to development”, as fundamental human rights, that have been definitively violated by the US aviation sanctions on the Iran, There are serious doubts about the legitimacy of these sanctions and It poses a serious challenge to international human rights. In addition, these sanctions prevented Iran from taking full advantage of the opportunities arising from the aviation geopolitical situation in the region; West Asia. In addition, these sanctions prevented Iran from taking full advantage of the opportunities arising from the aviation geopolitical situation in the region; West Asia.

Police investigations are the most sensitive stage of the criminal process; Because the first encounter of the accused with the criminal justice system takes place at this stage.The development of human rights and Article 1 of the Geneva Conventions and the First Additional Protocol opened a new chapter in the concept and nature of the police force's commitment to and observance of humanitarian law in the Occupied Territories and the treatment of accused persons. It has created the defendants' immunity from inhuman treatment and freedom from torture.

The present study, taking into account the existing facts, seeks to answer the question: "What mechanisms exist in international law to prevent violations of international human rights standards in the police investigation process and the protection of defendants from inhuman and degrading treatment in the Occupied Palestinian Territories?", Has examined the existing legal analyzes and facts in a descriptive-analytical manner.

Despite the human rights and humanitarian law commitments of the Occupying State of Israel based on the prohibition of torture under Article 1 of the Geneva Conventions and the First Additional Protocol, human rights instruments, principles of humanity and public conscience, Security Council resolutions and the UN General Assembly. In the field of prohibition of inhuman treatment and harassment of defendants in order to obtain a confession by the police, as a vital example of the right to human dignity, the guarantee of fulfillment of this fundamental human rights obligation faces serious challenges and the implementation of duties and obligations arising from contractual provisions. And customary rules for protecting defendants in the Occupied Palestinian Territories do not work well.

The issue of criminal guarantee of industrial property rights is one of the topics of discussion, because on the one hand due to the more prominent impunity in legal systems and on the other hand the need to protect industrial property has created a kind of conflict and contradiction. The use of the Iranian legal system to guarantee criminal enforcement in some cases of industrial property rights, has led to a comparative study of the laws of other countries, including France and the United States, in order to evaluate the approach mentioned in Iranian law.

The present article is an analytical descriptive study using the library method.

The results indicate that the use of criminal guarantees is also considered in French and American law and in order to protect industrial property, they use the guarantee of criminal execution, but the type and amount of penalties are different from Iranian criminal law. This means that the penalties imposed are mostly monetary, and the monetary nature of economically viable crimes largely eliminates the commission of the crime. Of course, imprisonment is also used in French and American law, but it is much less than in Iranian law.

Following Human painful disasters in the Second World War, The attention of the international community was focusing on protecting human rights. In this regard, the adoption of the Universal Declaration of Human was considered as a milestone in protecting human rights and Leading to the adoption of several other human rights instruments in world level. These instruments for the promotion of human rights, the monitoring on the implementation of human rights and consider situation of violation of those rights, created a series of executive mechanisms in the world dimension and Have given them powers. Although these mechanisms have had a good Function In the context of the more effective implementation of human rights standards Included in international instruments.

the present topic has sought by descriptive-analytical method and with regard to collecting mainly qualitative research information by library method and in the form of using documents, books, authoritative articles and related websites.

Legal studies show that politicization in the Human Rights Council, disregard for international human rights regulations by states in the High Commissioner for Human Rights. lack of guarantee for states accountability in Implementing the recommendations and standards of human rights at the domestic level in the Commission onthe Status of Women and finding refuge for refugees at the United Nations High Commissioner for Refugees are the most important challenges facing Charter-based bodies. Charter-based bodies also face challenges such as lack of coordination, resource constraints, increasing the number of documents, and so on.

The phenomenon of drug trafficking and psychotropic substances under the name of Black trade has now conquered most of the countries of the world and has become a global challenge, on the other hand beyond the concept of black trade In this way, it has encouraged manufacturers, sellers and traffickers of narcotics and psychotropic substances to organize work and organized operations. This study examines international cooperation in the fight against drug and psychotropic trafficking with an emphasis on Interpol.

This article has been compiled using library resources as well as the annual report of Interpol and while reviewing and analyzing the collected information qualitatively, the result is based on the author's inference from the mentioned sources and texts, therefore The study method is "applied" in terms of purpose and "descriptive and library" in terms of data collection.

International cooperation with the police in the fight against narcotics and psychotropic substances, as well as the emergence of large and powerful drug and psychotropic drug trafficking cartels with features such as gangs, complex planning, and very strong financial goals with the aim of achieving the highest Profit, activity at national and international levels, has played a very important role.

Today, traditional methods and island fighting do not answer the problem called drug trafficking and psychotropic drugs on an international scale, and even police organizations and actions with an intercontinental perspective such as Europol, if it leads to increased efficiency and synergy. International institutions will not be successful, so to control such a phenomenon, interaction and cooperation at the international level seems necessary.