Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Protection of children's rights in international armed conflicts from the perspective of international humanitarian law

Document Type : Research Article

Authors
1 Doctoral student of public international law, Islamic Azad University, United Arab Emirates branch. (Corresponding Author)
2 Bachelor of Law student, Faculty of Law, Islamic Azad University, Tehran West Branch.
Abstract
Reconciliation and tranquility are the appetence of all nations; however, throughout the world, we are bystanders to the occurrence of novel strife and conflicts. Regardless of the reason of what is the cause for starting or continuing these conflicts, individuals with the minimum facilities that have to protect themselves get involved. The most common and vulnerable of these groups are children; in fact, they sacrifice their innocent childhood days to brutal wars. And these wars cause serious damage to their mental and physical health, making this group the most vulnerable among the others. Children are the most obvious example of defenseless individuals experiencing gun brutality. In the meantime, international humanitarian law has provided extensive support and protection to children during human and inhumane armed conflicts. If children are not directly involved in the conflict, they will benefit from the general conservation provided for civilians, and while they encompass adaptive behaviors with human rights, they will receive advocacy from current laws and regulations governing behaviors toward the foe.On this basis, humanitarian law includes protection mechanisms (both general and specific) for children from the start to the end of their armed hostilities, with the goal of reducing small and large armaments for the benefit of children. In this research, an attempt has been made to examine the protection of children from the perspective of international humanitarian law.
Keywords
Subjects

1- Akhgari-Banab, Nader, (2008), Criminalization of Sexual Violence in the Statute of the International Criminal Court, 23(6), Islamic Law Journal.
2- Schmidt, Michael, (2012), violation of international law in armed conflicts, translation: Ahmadreza Fallah, publication article: Special Issue of International Law Journal, 46, Presidential Center for International Legal Affairs.
3- Afshari, Laden, (2015), a question and answer about Heisan Habreh, the training unit of the International Criminal Law Center of Iran.
4- Ahangar Aseel, Mohammad, (2014), protection of children in the processes after armed conflicts in international law, Allameh Tabatabai University.
5- Bagharpourardakani, Abbas, (1385), the general commitment of governments to observe and ensure the observance of international humanitarian law by belligerents, 2, Iranian yearbook of international and comparative law, Ganj Danesh publication.
6- Jafarpour, Saeed, Darikondi, Amir Bahadur, (2016), The situation of women and children in the framework of the international humanitarian rights system, the first national conference on future studies, humanities and social security, the applied research office of the police command of Lorestan province - Gostar Barke Justice Institute Aflak, Lorestan.
7- Jafari, Sidasghar, (2014), Analysis of Prohibited Tools and Methods in War from the Perspective of Islam and International Humanitarian Law, 1, Bureau of Political and International Studies of the Ministry of Foreign Affairs, 1, Tehran.
8- Jafari, Sidasghar, (2016), Principles of humanitarian law from the perspective of Imam Khomeini (RA), 47(2), Public Law Studies Quarterly.
9- Jafari Kajur, Fariba, (2006), international support for children caught in armed conflicts, Master's thesis, Qom, Mofid University.
10- Habibzadeh, Mohammad Jafar, Moghadisi-Rowein, Mohammad Baqer, (2006), an introduction to criminal protection of child victims in Iranian law with a look at international documents, 55, Mofid scientific-research magazine.
11- Ramezani-Qawamabadi, Mohammad Hossein, (2012), Establishment of Senegal's Extraordinary Branches for the Trial of Hossein Habre: A Step Forward in Fighting International Crimes, 2, Criminal Law Research Journal, 4th Year, Gilan: Gilan University Department.
12- Rousseau, Charles, (1369), Laws of Armed Conflicts, translator: A. M. Hanjani, 1, International Legal Services Office of the Islamic Republic of Iran.
13- Zirkajo, Mehrak, (2013), protection of children's rights from the perspective of humanitarian rights in armed conflicts (a case study in the 22-day war in Gaza). Master's thesis, Ministry of Science, Research and Technology, University of Gilan, Faculty of Law and Political Sciences.
14- Gianpour, Iman, (2013), humanitarian support for women in armed conflicts with an approach to the Iraq war against Iran. Master's thesis, non-profit and non-governmental Shahid Ashrafi Institute of Higher Education, Isfahan, Faculty of Law.
15- Sandoz, Yves, (2016), Implementation of international humanitarian law, translated by Hossein Sharifi Tarzkohi, in the collection of articles on the law of war, Defense and Strategic Sciences Research Institute, first edition, Imam Hossein University.
16- Soltani, Ghulam, (2014), International humanitarian law and the law of armed conflict. Master's thesis, Islamic Azad University, Islamic Azad University, Central Tehran Branch, Faculty of Foreign Languages.
17- Shaw, Malkumnathan, (2016), Laws of Armed Conflicts, translators: Hosseini, Sayeda Latifah, Hosseini, Narges Sadat, 1, Khorsandi Publishing House, 1.
18- Shafiibafti, Negin, Henjani, Seyed Ali, (2012), International legal dimensions of non-international armed conflict. First edition, Mizan Publications, Tehran.
19- Shiayzari, Kiti, Sack, Keriang, (2011), International Criminal Law, translators: Yousefian, Behnam, Esmaili, Mohammad, second edition, published by Samt Organization.
20- Ziyai-Bigdali, Mohammad Reza, (2012), International Humanitarian Law, first edition, Ganj Danesh Publications, Tehran.
21- Ziyai Bigdali, Mohammad Reza, (2017), Laws of War (International Law of Armed Conflicts), Allameh Tabatabai University Publications, Tehran.
22- Humanitarian Rights Committee. Review of recent developments in international humanitarian law, p. 154.
23- Metaji, Mohsen, (2014), examining the psychological element of the crime of genocide in the light of the verdict of the International Court of Justice in the case of Croatia against Serbia. International Police Studies Quarterly, Naja International Police, 23, Tehran.
24- Marut, Mojtabi, (2006), "Children's rights in armed conflicts". Research Journal of Law and Politics, Faculty of Law and Political Sciences, Allameh Tabatabai University, 18.
25- Marwat, Mojtabi, (2006), Children's rights in armed conflicts. Two Quarterly Journal of Law and Politics, Special Law, 18.
26- Mosfa, Nasreen, (2016), Children and Armed Conflicts, Collection of Articles of the Conference of the International Red Cross Movement, Red Crescent Movement and Humanitarian Rights, first edition, Kalam Shida Publishing House, Tehran.
27- Moazzami, Shahla, Namamian, Peyman, (2014), the third generation of international criminal courts; Achievements, Norms and Challenges, 11, Criminal Law Research Quarterly.
28- Mumtaz, Jamshid, Ranjbarian, Amirhossein, (2004), International Humanitarian Law, Internal Armed Conflicts, first edition, Mizan Publishing House, Tehran.
29- Mirmohammadi, Seyyed Mostafa, (2007), protection of children in armed conflicts (approaches of international law and Islamic law), human rights quarterly 2 (4).
30- Niko Mofkham, Hassan, (1378), protection of women and children in humanitarian rights. Master's Thesis of International Law, Faculty of Law and Political Sciences, University of Tehran.
31- William, Shabth, (1384), an introduction to the International Criminal Court, translation: S.B. Mir Abbasi, H. Elhoi Nazari, Jungle Publications, first edition, Tehran.
32- Henkertz J, Deswaldbek L, (2010). Translation of the International Affairs Office of the Judiciary of the Islamic Republic of Iran and the Red Cross Committee.
33- Henkertz, Jean-Marie, Rolle, Batiste, Alverman, Carolyn, Doswaldbeck, Louis, Dorman, Knut (2008), Customary International Humanitarian Law, volume one, translation of the Office of International Affairs of the Judiciary and the International Committee of the Red Cross, first edition, Majd Publications , Tehran.
34- Aptel, C., (2014), Unpuni

  • Receive Date 23 December 2022
  • Revise Date 17 February 2023
  • Accept Date 20 March 2023