نشریه مطالعات بین المللی
سال نهم شماره 3 (پیاپی 35، زمستان 1391)

Although, international criminal Court based on article 5, subject 1 of its statute, has jurisdiction to investigate war crimes, but it is a complementary, and primary jurisdiction, is special for municipal courts of countries. Municipal courts of countries for investing war crimes, according to crime which was happened in their territory and guilty or victims is their citizen or not, have different principal jurisdiction like, territorial, nationality and universal jurisdiction. Today there is no substantive and procedure limitation. Today, a criterion of realization for internal armed conflicts which is bed of war crimes is much higher than second additional protocol criteria and conforms to existing criteria of international judicial precedent and laws of international criminal law’s statute. Lack of adding nations to four Geneva conventions and additional protocols and also lack of independent criminalization for war crimes in internal law of countries would not prevent municipal courts to investigate.

The Libya Crisis and issuance of United Nation’s Security Council Resolution 1973 which authorized the military intervention in this country and also authorizing the NATO military intervention in Libya using the motto and purpose of protection of Libyan citizens against Gaddafi Regime, caused significant changes and evolutions in the International Law and in the concept of humanitarian intervention as well as responsibility to protect. In fact, the bond between crime against citizens and the subject of international peace and security, as is obvious in the United Nation’s Security Council Resolution 1973, caused the concept of humanitarian intervention to cover changing the regime in a country and in this regard, not only International Community showed no significant opposition but also somehow protected this matter. However, humanitarian intervention in Libya has different dimensions that studying of them in this article causes a better clarification of the concept of “Humanitarian Intervention” and changes in the International Law.

In the sphere of international humanitarian law, one of the intricate challenges is the»direct participation of non-civilians in armed conflicts «. Although humanitarian laws point to the subject named» direct participation «of non-civilians in conflicts, but don’t present any explanation about it. In this paper, in order to remove the international right gap through introducing this question:» what is the nature and legal impacts of direct participation of non-civilians in armed conflicts? «, first we deliberated the necessitous and the constituent elements of direct participation, causal and inimical relationship observed in direct participation, direct participation alternatives and description of it and also the main principles of humanitarian on direct participation, detestable and non-detestable legal protections of non-civilians participation. The results showed that in armed conflicts time, this is called direct participation that a non-civilian person with the purpose of injuring staffs and enemy equipment has done conflictive behavior or is going to do the same. This kind of participation leads to deletion of the security and trialing of participated person.

The United States of America first used the weaponized drone during the combat in Afghanistan that began in October 2001. Increasing the use of drones by the United States impliedly makes the weaponized drone a part of the Obama administration policy in combating against terrorism. However they claim to promote its activacy in selecting the goal, 45 people were killed in Yemen including 5 pregnant women in their recent attack. According to the Article (22) of the fourth Hague convention “The right of belligerents to adopt means of injuring the enemy is not unlimited”. In addition based on the Article (35)(1)of the Protocol Additional (I) to the Geneva Conventions “In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited”. This meaning completed by the Article (51) (5)(b)of this Protocol “an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”. Furthermore we have to bear in our mind that the kind of weapons they carry is the matter not just the drone itself. Additionally the United State has been using drones against countries like Pakistan and Yemen where there is no armed conflict between these two countries. Hence this Article will discuss whether the uses of drones comply with international law especially the international humanitarian law. This paper further elaborates on the effectiveness of drones in counter terrorism.

of cultural properties. In this regard, first special international document that has defined cultural properties is Hague Convention of 1954 that implies the most development of war rights in 19th century. this document defines and determines extent of cultural properties in clauses “a” and “b” of article 1 that has two important requirement; on the one hand, these properties have limited to movable and immovable properties that are in group of tangible properties; and on the other hand, above – mentioned properties must have critical importance for culture of nation that despite this subject, reference or criterion not has predicted for obtaining this. Anyway, the importance of this subject requires that by law Analysis, dimensions of support cultural properties during war and occupation must be studied and existing vogues must be eliminated and problem must be clarified as possible. Therefore, in this paper, regarding to this assumption that ruling behavior during war and occupation and sufficient attention to civil and criminal responsibility of hostiles and military forces and attention to special and usual support mechanisms International Studies Journal (ISJ) / No. 35 / VIsaid in 1954 convention and predicated support mechanism in 1999 second protocol and comprehensive and explicit agreement of governments regarding military necessity can limit disaster of destruction and loot of cultural properties during war and occupation, 1954 convention has studied and described in framework of content analysis method, and in addition to description of subjects such as purposes and extent of convention, three – fold support mechanisms, concept of cultural properties, military necessity, legal, spiritual and material advances in this regard and specially 1999 second protocol that shows progressive dynamism of cultural international rights and international humanitarian law have been evaluated in several independent chapters that attention to creating committee of support cultural properties during war and cultural properties support funding during occupation is an example of this that are two progressive mechanism for efficient support cultural properties during war and occupation.

There are two essential issues between peacekeeping and humanitarian law: the first one is the necessity of complying with the humanitarian law rules by peacekeepers. Whereas the UN issues the permission of peacekeeping operations and they are under the UN control, it is important to deal with the necessity of the observation of the rules of the humanitarian law by the UN and subsequently by the peacekeepers. The Second is the necessity of the intervention of peacekeepers in order to prevent violating the rules of humanitarian law. This article, invoking customary and conventional sources of international law, seeks the answer for the above mentioned questions.

This paper examines the feedback and impact of the new military technologies on the law and rules of war acts. In addition we attempt to discuss the issues raised in these terms: whether, standards of applying the law of armed conflicts are changing? Does new methods of military operation has influence on government’s responsibility? What are the criteria and standards for judging about the governments responsibilities? What about situations that cannot be described as a state of war or armed conflict? Finally, to evaluate the atmosphere of information warfare and the lack of rules that leads to acts of cyber warriors. In this regard, with using descriptive-analytical method and with review and assistance from library documents and observing information sites and logical inference, we investigate the issues that discussed above. Consequently, the international standards of applying the law of armed conflict did not change, and in current conditions international law systems needs a general union and create a unit process in order to handle and set of the circumstances that has accord. At the end, it is recommended that the limited space which supports humanitarian law continues towards war affected by military technology in recent years. Thus it is necessary that orientation of international efforts move toward a manner that reduces damages and suffering of war as much as possible. However human being is affected by the occurrence of any war.

Incidence internal and international armed conflicts, children are the most vulnerable group affected by the international society, thus children require the special protection of international human rights law and international humanitarian law. Two general rules are regarding the recruitment and use of children in armed conflict: 1- Children should not be invoked in the armed forces or groups involve the direct participation of children. 2- Children should not be allowed to participate in hostilities; the purpose of this rule, the company is indirectly. State practice these rules constitute a rule of customary international law in both international and non-international armed conflict as applicable. Children recruiters to enlist in the military in numerous international instruments and domestic laws as well as the recipe have been banned in most countries. A ban on children’s participation in international instruments and in many of the recipes has been provided by the military. In recent years, governments, international organizations, governmental and non-governmental efforts have taken special measures to support, develop and establish international standards for combating and curbing conscription the categories to the said. There are international norms for the protection of children in armed conflict is over on one hand, international standards for the protection of children in armed conflict in contractual rights exist and the other is worth noting that the impressive achievements of the contract documents, the security council, general assembly and the secretary-general also significant the protection of children in armed conflict did. In this paper a set of international standards for child soldier recruitment age criteria will describe.

The main goal of protecting the environment in the Islamic sources and documents humanitarian avoid damaging natural elements. The Environment is God's gift that benefits and the preservation of its effects on human life and promote human dignity, growing to be. Islamic law and international human rights instruments related to environmental rules aimed at the common good of humanity, especially consider and express the right of the environment has obligations and responsibilities, the environment. Therefore, any action that is inconsistent with the common interests of humanity must be prosecuted. Origins of human rights, human dignity issue. Holy Quran verse 70 of Sura Asra Board “va Laqhad Karramna Bani Adam” focuses on the creation of mankind glorify God. One of the main tasks of human lives, except that it's important to live in a safe environment, not possible. The importance of environmental conservation for human society and the increasing risks due to armed conflict and the advancement of technology, it puts at risk the natural elements, the idea of environmental protection in the international community that the activities of international law, the Many international conventions and multiple sources of data.In a word, it can be concluded that the major sources of Islamic and humanitarian instruments special emphasis on the protection of the environment and the people of the destruction of the environment armed conflicts are discouraged.