فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 26 (پاییز 1401)

Islam is religion of peace and amity and not only is not indifferent against topics related to war, goals, fundamentals and principles, but also by having historical backgrounds belongs to 14 centuries ago from performance of Prophet Mohammad and Saint Imams, it is possible to find out that according to specific time and location of those ages, they were progressive in this field and based on effective executive guarantee for observing law of war prisoners in practice (not just theoretical). In history of Islam there are abundant approaches that describe humanitarian behavior of Prophet Mohammad against prisoners of war; The main question of this research is that "What was status of law of prisoners of war during Prophet Mohammad"? The response to this question is that religious teachings of Islam in the field of observing law of prisoners of war in theoretical point of view and approach of Prophet Mohammad was clearly described and ideological fundamentals of humanitarian law in theory and practice were obvious in approach of Prophet Mohammad and instances including: Humanitarian behavior with prisoners of war, freedom of performing religious ceremonies, freedom of work (not obligation), right of food, health, clothes and suitable residence had faith and religious background with divine and afterlife motivations that clearly reveals the status of prisoners of war during that time. In the present research it is benefit from descriptive- analytical research methodology.

The constitution is in fact the foundation of a country and the basic fundamental basis for regulating and controlling the relations between government organizations and government relations with the people and the people with each other within the framework of conventional political culture. Regarding any constitution, two basic components are decisive important: One is the unchangeable principles of the constitution, which are mainly related to the structure of the national government, the political regime and the fundamental rights of the citizens, ; and the other is the revision of the constitution according to the variable needs of different generations. There is no doubt that the first component, i.e. immutable laws can violate the second component, which includes some principles of fundamental rights, such as the right to self-determination but in this research, after considering various aspects of the first component, it is concluded that the validity and continuity of these principles will strengthen, maintain and consolidate democracy and protect the rights of citizens.

The right to economic development is based on the principle of exchange and cooperation between countries, and in the form of international documents, world governments have pledged to cooperate with each other in solving issues related to economic, social and cultural affairs or development in general. While the establishment and application of unilateral sanctions by some powerful countries against less developed countries is contrary to international rules, with the principle of interaction and cooperation of governments at the international level, which is one of the important principles and goals of the United Nations and other documents. Human rights are contradictory. In such a situation, the question that can be asked in this research is what is the nature of this type of cooperation and participation of governments regarding the right of economic development of other countries, especially regarding the right of peaceful nuclear development? The results of this research show that despite the claims of developed countries that there are no binding international rules or conventions regarding the commitment to cooperation and assistance to developing countries, considering that the right to development is one of the fundamental human values and in the form of The obligations of the charter are also stipulated in a general way, as long as the economic activities of the countries, including in the field of nuclear energy, do not pose a real threat to international and regional peace and security, they can be considered as positive and positive commitments from the development governments.

Following the ban on the principle of non-use of force, governments turned their attention to sanctions - economic coercive measures - as the main means of achieving their foreign policy goals. The desirability of the use of unilateral sanctions by countries now stems from the idea that it is a middle ground between diplomacy and the use of force, and is also a simple and peaceful tool for changing the behavior of governments The method of this research is descriptive and analytical and the method of collecting library and documentary information. The purpose of this research is to investigate economic sanctions with emphasis on its legitimacy from the aspect of human rights. The question is, what is the status of unilateral economic sanctions in terms of human rights documents? According to the investigations of this research, its findings show: (1) Unilateral sanctions are a violation of treaty, customary international law, as well as a violation of the rule of ius cogens. (2) Although in some cases the doctrine of international law in retaliation is invoked for the legitimacy of unilateral sanctions, these sanctions cannot be considered reciprocal action under the theory of international responsibility of the state. It must therefore be argued that unilateral sanctions are completely contrary to international law especially the fundamental documents of human rights.

America considers itself the defender of human rights and has justified its interventionist policies of the last few decades with titles such as the protection of human rights in the Middle East region. However, it seems that these interventionist policies in the Middle East region cannot be justified only by the Western narrative and the use of extensive propaganda to defend the correct interventionist actions because there are truths related to human rights violations in the Middle East by America that are not often said; Therefore, the need for a detailed examination and analysis of this category caused the present research to try to analyze the human rights situation in the Middle East in the light of American interventionist policies in the Middle East region from 2001 onwards with a more detailed analysis. The research is descriptive-analytical and collected with library documents.The research studies finally showed that the US interventionist policies have led to the strengthening of human rights violations in the Middle East. The findings indicate that the actions of the United States have resulted in many cases of human rights violations in the shadow of the spread of insecurity in the Middle East region, the flow of weapons, the deaths and displacement of millions of people, and the support of crimes against human rights by regional allies.

This analytical article was written with the aim of explaining and representing the application of the principles contained in the Declaration of Islamic Human Rights in the immigration policies of the Islamic Republic of Iran towards Afghan immigrants. In this regard, the main question of the research focused on how the Iranian government acted towards Afghan immigrants in accordance with the principles contained in the Declaration of Islamic Human Rights, and whether the immigration policies of the Islamic Republic of Iran against these immigrants were against humanitarian and discriminatory standards or not. ? In terms of method by examining works and documents; the situation, social security, education, health, social security, work and employment and citizenship rights of Afghan immigrants in Iran have been studied and the policies of each area based on the twenty-five articles of the Islamic Declaration of Human Rights have been explained separately. The results and findings indicate that in the Islamic Republic of Iran, due to the neighborhood and the emphasis of the Holy Sharia, as well as thanks to the altruistic policies and humanitarian standards of the nation and the government under the doctrine of Islamic human rights, Afghan immigrants have access to education, health, insurance, employment, free movement in different areas and livelihood opportunities have been given which has caused their survival and prosperity. The performance of the Islamic Republic of Iran in this field has been approved by international human rights institutions and organizations.