نشریه تحقیقات نوین میان رشته ای حقوق
سال سوم شماره 1 (پیاپی 8، بهار 1402)

The war has many unfortunate effects that cannot be hidden, and it is not possible to collect the history of all the wars and crimes committed by the Iraqi government against Iran because there are many obstacles in this path, including the extent of this war, the concealment of many of the crimes of this regime, the number and complexity of the organizations involved in this war, and the disappearance of a number of agents of these crimes at the hands of other agents; the factors that the Iraqi government violated during the eight-year war, which was a clear example of violation of international regulations, and acted contrary to international obligations. This study investigates the position of humanitarian law and the law of hostilities in the war between Iraq and Iran, the definition of legitimate defense, the claims of the Iraqi government, the position of legitimate defense and also aggression, the illegal actions of the Iraqi government which is a clear example of aggression in the eight-year war, and finally, the role of trans-regional governments in the war between Iraq and Iran. In this article, while referring to the history of conflict law, humanitarian law, legitimate defense, the role of trans-regional countries, aggression, weapons of mass destruction and the role of the United Nations in the Iraq-Iran war, the author has explored the case study of the Iraq-Iran war as much as possible.

Criminal protection of clean air is very important. In the same way, the legislator has always tried to reduce the legal defects as much as possible by benefiting from the experiences of other countries and enacting various laws in the field of environment. Also, in Iran's legal system, in addition to laws, many regulations and approvals have been implemented to protect the environment from destruction, most of which have criminalized environmentally destructive activities; that is, they have explained environmental crimes. However, the painful fact is that despite all the efforts of the legislature, executive and judiciary, the position of our country at the global level in terms of protecting the ecosystem and environmental positions has not been accepted. In this research, with the analytical-descriptive method and using library resources, the criminal protection of clean air and the challenges in this field have been analyzed and appropriate solutions have been presented.

According to paragraph 2 of Article 156 of the Constitution of the Islamic Republic of Iran, "restoring public rights and expanding justice and legitimate freedoms" is one of the duties of the judiciary. Nevertheless, despite the fact that the independent mention of the said duty in a separate paragraph under the said principle means its equal value with other duties of the judiciary, for reasons such as the ambiguity of the terms and the importance and number of cases in the jurisdiction, in comparison with other clauses of the above-mentioned principle do not provide a significant executive mechanism for the aforementioned task. In this regard, the authors in the upcoming research with a critical approach and by using library sources and analysis of laws and regulations, while clarifying the terms and comparative conceptualization of public law and other similar concepts, conclude that despite the importance of the category First, the duty of the judiciary in relation to paragraph 2 of Article 156 of the Constitution, the revival of public rights, in comparison with other duties under the said principle, has been neglected and requires more effort, which will be explained in the following with a view to the general scope of the concept of public rights. It is possible to clearly identify its multiple examples and provide the possibility of guaranteeing it.

The behaviors and reactions of people towards social issues can be different regarding the same issues under various factors. In the meantime, the factor of cognition and perception has a great impact on behavior in the way of perception and interpretation of surrounding information. In criminology, theories based on the causes of delinquency have been presented about the cognition and thinking of criminals, which affect the decision-making and calculation system of criminals. Cognition and understanding can be the reason for behavior because it organizes the motivation of criminals. In this view, cognition, like behavior, has the possibility to be learned and is identified as the main variable in the development of crime in terms of the dynamic factor of crime. Incorrect and non-uniform cognition among citizens can lead to the formation of criminal cognitive presuppositions. Under the influence of crime dynamic factors, criminal preconceptions bring potential criminal behaviors to actuality. Presuppositions negate the scope of analytical thinking and logical performance in response to social phenomena. The formation of cognitive presuppositions may be caused by false and distorted information or otherwise, which is done by arranging foregrounds in backgrounds. Presuppositions are the information acquired in the mental processes arranged due to the backgrounds that influence the interpretation of new information and bear on it. Presuppositions may cause hatred, anger and prejudice towards certain subjects or people in the potential criminal and intensify his dangerous state. The concept of jihad of clarification, focusing on the cognition and perception of the audience with a preventive nature, aims to prevent false perception and the formation of an incorrect calculation system in the mind, and misinterpretation and misunderstanding of events. The place of the concept of jihad of clarification in the criminal policy, considering the modern social relations, can be a smart approach with the participation of the society. The concept of jihad of clarification, in terms of its features and formulations, tries to persuade and resolve cognitive conflicts in a reasoned and documented way, and it can play a role in the rehabilitation of criminals.

Upon entering the prison, the prisoner is placed in a new environment compared to the past, and in this new environment, he loses his rights and gains other rights. Respect for these rights, especially spiritual rights, which are of particular importance upon entering prison, makes the prisoner adapt to new conditions, but disrespect and disregard for these rights by prison officials or lack of sufficient knowledge of this rights may cause some risky behavior from the prisoner. The right to peace, the right to guidance, the right to communicate with the family, the right to hasten the release, the right to complain are among the spiritual rights of prisoners, which must be respected in all stages of the investigation of accusations and endurance of the sentence period so as not to lead to the increase of the occurrence of dangerous behaviors by prisoners and do not cause possible damage.

The need to establish laws and regulations to manage the affairs of human societies, both at the level of countries and at the international level, has always been the subject of concern and attention of thinkers and intellectuals. At the international level, especially in the last 50 to 100 years, the need of the people and their lives to establish a series of international principles, rules and regulations through treaties has been hard to feel. And on the other hand, the existence of different cultures at the global level, as well as the existence of different attitudes towards global issues, and at the same time, the existence of conflict of interests between countries, etc., have caused many disputes and conflicts. Therefore, countries, as the main subjects of international law and in order to avoid direct and physical confrontations to resolve disputes, have started to create various international arrangements and authorities so that such arrangements and authorities can resolve international disputes in a peaceful way. As a result, establishing international laws and regulations to create and maintain international order and security is an obvious and moderate matter that cannot be violated under any circumstances.