Document Type : Original Article
Authors
1 Doctoral student of International Law, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 Associate Professor of International Law, Department of Law and Political Science, Allameh Tabatabai University, Tehran, Iran
3 Assistant Professor of International Law, Department of Law and Political Science, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
Highlights
The position of the concept of the doctrine of "responsibility to protect" in the principles and foundations of the legal system of the Islamic Republic of Iran with an emphasis on administrative law
Abstract
The responsibility to protect is one of the basic rules in the international law system, which was created based on the evolution of concepts such as sovereignty, the principle of prohibition of intervention and humanitarian intervention. Based on this, the responsibility of protecting people in case of war crimes is the responsibility of governments. According to Article 152 of the Islamic Republic of Iran's constitutional rights system, defending the rights of Muslims and establishing peaceful relations with non-belligerent governments is one of Iran's foreign policy programs. On the other hand, the Islamic Republic has emphasized on supporting the oppressed and oppressed people of the world by following the religious foundations of Islamic teachings. After appearing in the international arena, the principle of protection entered the domestic laws of countries and became very important in administrative law. The reason for the importance of the principle of protection in administrative law is that in administrative law, one side of the relationship is the government, and inequality in this relationship is inherent. Therefore, the manifestations of the principle of protection in administrative law include things such as the necessity of observing the principle of human dignity, the principle of equal opportunities in entering government service, and the principle of openness. The main question of this research is that what is the position of the concept of the doctrine of protection responsibility in the foundations of the legal system of the Islamic Republic of Iran? The research method in this study is descriptive and analytical, and the library method was used to collect the sources.
Key words: humanitarian intervention, responsibility to protect, international community, oppressed people of the world, administrative law.
Introduction
The occurrence of various conflicts at the international level caused the United Nations to search for a solution to these problems. In 2000, Kofi Annan, the Secretary General of the United Nations, asked the world community to find a solution to this challenge once and for all. It was in response to this request that in 2000, with the initiative of the Canadian government, the "International Commission on Government Intervention and Sovereignty" was established. In its report, the commission called for interaction between human rights and the sovereignty of governments instead of traditional confrontation, passing from a state-oriented system to an individual-oriented system and creating a legal and efficient structure for the protection of human rights that does not involve legal challenges of violating the principle of sovereignty of countries and negating interference. So, he proposed the theory of "responsibility of support". This theory was approved at the summit of the United Nations General Assembly in 2005.
According to this theory, the sovereignty of a state means the responsibility of that state, and the primary responsibility of protecting the citizens of a state is primarily the responsibility of the same state, but when the state protects its citizens against war crimes, ethnic cleansing, genocide and The crime against humanity is reluctant, the principle of non-intervention gives way to the "responsibility of international protection". In this sense, the international community has the responsibility to help the governments to fulfill this responsibility by using peaceful methods and to take decisive and timely measures in case of insufficient peaceful means and inability of the national authorities to fulfill their responsibilities. Consolidation of this theory as an international norm requires that it be officially registered in international law or that governments accept it as a new practice in international relations with continuous implementation.
The position of the Islamic Republic of Iran regarding the doctrine of "responsibility to support", in addition to the influencing factors in foreign policy, is influenced by the religious foundations of the legal system and the ideals of the Islamic Revolution. The Islamic Republic of Iran considers the happiness of the entire human society as its ideal and while completely refraining from any interference in the internal affairs of other nations, it supports the rights-seeking struggle of the oppressed against the arrogant in every part of the world. According to the principles and foundations contained in the Constitution of the Islamic Republic of Iran, the government of Iran, beyond the mission and national goals, is obliged to implement the Islamic system based on "human dignity and high value", the country's foreign policy "based on the standards of Islam, fraternal commitment" towards all Muslims and unhesitatingly support the oppressed of the world. Also, the principle of protection is very important in administrative law.
In administrative law, the principle of protection of acquired rights can be analyzed and examined along with related principles such as the principle of legality and the principle of the rule of law, the principle of fundamental rights guaranteed in the constitution, the principle of legitimate expectations and the principle of non-retroactivity. Today, the principle of respect for acquired rights is one of the foundations of the principle of legal security. According to public law jurists, the basis of the principle of respect for acquired rights is the two principles of exercising fundamental rights and freedoms and protecting rights arising from contracts.
In Iran, administrative law does not have much theoretical and empirical history and is young and new, so that in today's atmosphere of administrative law due to the lack of comprehensive and complete rules and regulations, the principles of administrative law fill the legal gap, especially in the field of jurisdiction. Choices play a very important role. Therefore, in general, the principles of administrative law are one of the most efficient, effective and important criteria in the field of administrative law. These principles, which have a protective aspect, provide suitable and desirable solutions, in such a way that they open the way in relation to the administration and balance of public power and administrative resources and guarantee the freedoms of individuals.
This article tries to answer the question that to what extent the concept and content of the doctrine of "responsibility to support" has crystallized in the principles and foundations of the legal system of the Islamic Republic of Iran and the administrative law of Iran? The hypothesis of the present article is that the dominant discourse of the theoretical foundations of the doctrine of "responsibility to support" is the discourse of the Islamic Revolution and the orders of the religion of Islam, which has crystallized in the legal system of the Republic of Iran under the principle of "supporting the world's needy", and in the domestic dimension, " The principle of support is one of the duties of the government. At the same time, the scope of implementation of the principle of "supporting the underprivileged of the world" is wider in terms of the characteristics of the people who are the target of support and the type of support, compared to the scope and limits of the doctrine of "responsibility to support". On the other hand, nowadays, the principle of protection of international law has also entered the domestic laws of countries, and as a result, due to the existence of an unequal relationship, the principle of protection is doubly important in various fields of law, including administrative law. The research method in this study is descriptive and analytical, and the library method was used to collect the sources.
conclusion
Today, after two decades have passed since the draft of the "responsibility to support" doctrine and its formalization in the document of the World Summit in 2005, there is no doubt that the international community has accepted this theory as an international norm, hoping that with compliance From that, gradually, countries consider the "responsibility to protect" as a legal requirement so that the recurrence of humanitarian disasters can be minimized. The doctrine of "responsibility to protect", a new approach to the challenging issues of "humanitarian intervention"; That is, the issue of sovereignty has the principle of non-intervention and the prohibition of resorting to force, and while respecting these concepts, it draws the attention of the world community from governments to the main victims of conflicts. Nowadays, governments no longer emphasize "intervention rights", but their literature has become "commitment and responsibility". However, the unfortunate events that have happened in the world in the last few years have revealed the fact that security is not created only by making and paying for concepts. Although the United Nations system has moved forward in conceptualization, it has acted very slowly and weakly in action and in the fight against new forms of terrorism, civil wars and many other problems. The responsibility to protect includes the ideal of universal protection of human rights as "what should be", but its implementation in the real world is affected by the will of governments and will always face the risk of "mentalism or interpretation". The structure of international law is such that its executors are the ruling governments, and the differences of opinion that the governments have regarding the extent of their commitments to the "responsibility of protection" have in practice led to the imprecise implementation of this theory and its ineffectiveness in solving humanitarian crises.
It seems that the format of the concept of the doctrine of "responsibility to support" is similar to the "oppressed-centered" discourse of the Islamic revolution, which, following the divine decrees, crystallized in the legal system (constitution) of the Islamic Republic of Iran under the title of "supporting Muslims and the oppressed of the world". has been found According to the foundations of Islam, based on narrative and rational evidence, it is the duty of the Islamic State to support Muslims and the oppressed of the world, which includes a wide range of behaviors and actions, the starting point of which can be a simple expression of concern and its strong reaction, armed jihad. (military action)
In terms of the fundamental rights of the Islamic Republic of Iran, the scope of the principle of "supporting the oppressed of the world" is different and in some cases wider in terms of the characteristics of the people who are the target of protection and the type of protection, compared to the scope and limits of the doctrine of "responsibility to protect". The principle of "supporting Muslims and the oppressed of the world" does not limit the protection of human beings only to protection against the crimes of "genocide, war crimes, ethnic cleansing and crimes against humanity", but a simple violation of human rights may be included in the scope of this principle. be placed According to the doctrine of "responsibility to protect", all human beings, regardless of their nationality and religion, are the target of protection. It seems that in the constitution of the Islamic Republic of Iran, the protection of the oppressed Muslims comes before others. Therefore, the principle of "supporting Muslims and the oppressed of the world" in each dimension of responsibility; "Prevention, reaction and reconstruction" and its implementation in each of the forms of intervention, i.e. "political, economic and military" should be measured and interpreted separately. It seems that the doctrine of "responsibility to protect" has an international mechanism, but the principle of "supporting Muslims and the oppressed of the world" which is stated in the constitution of the Islamic Republic of Iran, does not have a specific mechanism for implementation, and this can lead to its inefficiency. to happen
The environment for the implementation of the principle of "supporting Muslims and the oppressed of the world" is the international system, and the implementation of this principle faces obstacles and limitations. One of the most important conceptual and operational challenges of the principle of "supporting Muslims and the oppressed" is the conflict of this principle with the principle of "state sovereignty" and the principle of "non-interference". Because according to the rules of contemporary international law, unilateral military intervention in other countries is prohibited without the permission of the Security Council. Therefore, in the contemporary international system, the government of the Islamic Republic of Iran, in order to implement the principle of "supporting the Muslims and the oppressed of the world", needs to refer to universal humanitarian standards that can be observed in human rights documents. On the other hand, the implementation of the principle of "supporting the needy of the world" requires having special facilities such as political, economic and military capabilities, which can only be achieved with the effective cooperation of the international community.
It seems that if the concepts and objectives of the doctrine of "responsibility to support" are measured and interpreted with similar concepts in the constitutional law system of the Islamic Republic of Iran, without unrealistic prejudice and according to the realities of the contemporary world, its capacities for the government's efficiency in support It is possible to benefit from our own citizens as well as support other oppressed people in all parts of the world, especially Muslims.
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