Limits of Reciprocity in Armed ConflictsJournal: International Journal of Nations Research (Vol.5, No. 56)
Publication Date: 2020-08-21
Authors : Alireza Soodmand;
Page : 79-96
Keywords : Humanitarian Law; Armed Conflicts; International Law; Reciprocity; Security Council;
Peace and tranquility in today's world is a citizenship and human right, and human beings have always been concerned with peace and avoidance of conflict, while avoiding conflict has been inevitable for various reasons. In the absence of a coherent and organized system of international relations, it is recognized that the aggrieved state or states can retaliate against a violation of a humanitarian rights obligation. But the scope and conditions of recourse to reciprocity are not unlimited. Human rights obligations have certain characteristics and in some cases are different from other obligations. Humanitarian rights have been established in order to protect civilians, children, etc. The limits of reciprocal actions of states should be in accordance with Article 51 of the Charter and based on respect for principles such as the principle of human dignity, the principle of human behavior and non-discrimination, the principles of restriction in the use of weapons and war tools, the principle of necessity of military action, the principle of separation of persons and property in armed conflicts, and the principle of good faith. The present article has investigated this issue with a descriptive-analytical method with the aim of identifying solutions and measures for better protection and prevention of human rights violations.
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