Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield
“Necessity” as one of the elements of precluding international responsibility of states is interest of states in certain and exceptional circumstances. The comparative study of necessity in two systems of international law and Islam represents some distinctions along with many similarities. The appl...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Razavi University of Islamic Sciences
2022-05-01
|
| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1315_4cf23c8a8374a269b62823db51065e1f.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849419388393881600 |
|---|---|
| author | Sayyed Ghasem Zamani Abbas Ali Azimi Shushtari Mojtaba Afshar |
| author_facet | Sayyed Ghasem Zamani Abbas Ali Azimi Shushtari Mojtaba Afshar |
| author_sort | Sayyed Ghasem Zamani |
| collection | DOAJ |
| description | “Necessity” as one of the elements of precluding international responsibility of states is interest of states in certain and exceptional circumstances. The comparative study of necessity in two systems of international law and Islam represents some distinctions along with many similarities. The application of this the essential principle in armed conflict titled “military necessity” to violate the safety of the civilians who are shield is a challengeable matter because the human shield has been prohibited and criminalized by international law and Islam. Therefore, the question is what the nature and effects of the principle of necessity are in the international law and Imamayeh fiqh and how the conduct of parties in dispute towards civilians and their properties which have been used as a shield should be. This note with the qualitative research method and with utilization of the legal interpretation methods of the Quran verses and traditions and the opinion of jurists and historical study of the holy prophet biography in wars has been adopted. By reviewing jurisprudential documents and sources it has achieved the result that the principle of necessity has an exceptional nature in both legal systems and merely it is permitted in the case that the essential interests of the state is in danger. Consequently, with the prohibition of any damage to the human shield, in the situation of the exigency of necessity and with observing the cautious measures, it is yet possible to attack military objectives. |
| format | Article |
| id | doaj-art-2e9d0a90d8b64369965afee8044d374d |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2022-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-2e9d0a90d8b64369965afee8044d374d2025-08-20T03:32:07ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902022-05-01142512715610.30513/cjd.2021.13151315Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human ShieldSayyed Ghasem Zamani0Abbas Ali Azimi Shushtari1Mojtaba Afshar2Full professor at Allameh Tabataba'i UniversityAssistant professor at Imam Sadiq Research InstituteA PhD student in International Law“Necessity” as one of the elements of precluding international responsibility of states is interest of states in certain and exceptional circumstances. The comparative study of necessity in two systems of international law and Islam represents some distinctions along with many similarities. The application of this the essential principle in armed conflict titled “military necessity” to violate the safety of the civilians who are shield is a challengeable matter because the human shield has been prohibited and criminalized by international law and Islam. Therefore, the question is what the nature and effects of the principle of necessity are in the international law and Imamayeh fiqh and how the conduct of parties in dispute towards civilians and their properties which have been used as a shield should be. This note with the qualitative research method and with utilization of the legal interpretation methods of the Quran verses and traditions and the opinion of jurists and historical study of the holy prophet biography in wars has been adopted. By reviewing jurisprudential documents and sources it has achieved the result that the principle of necessity has an exceptional nature in both legal systems and merely it is permitted in the case that the essential interests of the state is in danger. Consequently, with the prohibition of any damage to the human shield, in the situation of the exigency of necessity and with observing the cautious measures, it is yet possible to attack military objectives.https://cjd.razavi.ac.ir/article_1315_4cf23c8a8374a269b62823db51065e1f.pdfthe elements of precluding international responsibility of statesa circumstance precluding the wrongfulness of an actthe factor of necessitythe basic interestthe principle of islama human shield |
| spellingShingle | Sayyed Ghasem Zamani Abbas Ali Azimi Shushtari Mojtaba Afshar Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield آموزههای فقه مدني the elements of precluding international responsibility of states a circumstance precluding the wrongfulness of an act the factor of necessity the basic interest the principle of islam a human shield |
| title | Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield |
| title_full | Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield |
| title_fullStr | Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield |
| title_full_unstemmed | Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield |
| title_short | Adducing to the Defence of Necessity as Precluding Responsibility of States for Internationally Wrongful Acts in Imamayeh Fiqh and International Law and with a Case Study of Human Shield |
| title_sort | adducing to the defence of necessity as precluding responsibility of states for internationally wrongful acts in imamayeh fiqh and international law and with a case study of human shield |
| topic | the elements of precluding international responsibility of states a circumstance precluding the wrongfulness of an act the factor of necessity the basic interest the principle of islam a human shield |
| url | https://cjd.razavi.ac.ir/article_1315_4cf23c8a8374a269b62823db51065e1f.pdf |
| work_keys_str_mv | AT sayyedghasemzamani adducingtothedefenceofnecessityasprecludingresponsibilityofstatesforinternationallywrongfulactsinimamayehfiqhandinternationallawandwithacasestudyofhumanshield AT abbasaliazimishushtari adducingtothedefenceofnecessityasprecludingresponsibilityofstatesforinternationallywrongfulactsinimamayehfiqhandinternationallawandwithacasestudyofhumanshield AT mojtabaafshar adducingtothedefenceofnecessityasprecludingresponsibilityofstatesforinternationallywrongfulactsinimamayehfiqhandinternationallawandwithacasestudyofhumanshield |