نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشگاه عالی دفاع ملی، رایانامه: rezahsn88@gmail.com
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
On Friday, January 3rd, 2020, the American military forces stationed in Iraq killed the commander of the Quds Force and his accompanying team near the Baghdad airport with several drones. The assassination of Lieutenant General Soleimani in the territorial territory of Iraq by the forces of the third government has raised many questions from a legal perspective. The most important questions that can be asked is that this criminal act is in light of the principles and rules of general international law, international humanitarian law, human rights, as well as international documents such as the United Nations Charter, the 2008 SOFA Security Agreement, the 1973 New York Convention, and the Chicago Convention. What is the status of 1944? In this article, the researcher collects the required materials from the relevant sources by using analytical-descriptive method and library studies and with the tool of sampling, and then tries to answer the questions raised about the legal aspects of this incident with thematic analysis method. The findings of the research show that the actions of the Americans in the assassination of Lieutenant General Soleimani and his accompanying team are a clear violation of the principles of the United Nations Charter and violate the most obvious principles and rules of international law, including the principle of non-interference, the principle of respect for the sovereignty and territorial integrity of the state. It is the principle of the prohibition of resorting to force, the principle of the immunity of states and their organs, the principle of the prohibition of flying drones over the airspace of other states, and the provisions of the SOFA Security Agreement. In addition, the commanders and perpetrators of this crime cannot avoid the burden of their international responsibility by resorting to the concepts of "targeted killing" or preemptive legitimate defense.
کلیدواژهها [English]
الف. منابع فارسی
ب. منابع انگلیسی
ج. اسناد بینالمللی
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