نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی، دانشکدگان فارابی دانشگاه تهران، سطح چهار حوزه علمیه قم
2 دانشجوی حقوق خصوصی، دانشگاه رضوی
3 دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Undoubtedly, the international crime of genocide is one of the most important problems in international law. The United Nations Assembly, by Resolution No. (1)86 dated December 11, 1946, acknowledging that in all periods of history this act has caused a lot of damage to the world of humanity, and with confidence that in order to free the world of humanity from such a terrible plague, international cooperation is necessary. has compiled the "Convention on the Prohibition and Punishment of Genocide". Considering the difference between the foundations of Western approaches in drafting this convention and the foundations of Islam, this article has analyzed and evaluated these foundations by using the defense thought of the Supreme Leader as an expert jurist in the political school of the Ahl al-Bayt, peace be upon him. Using the analytical-descriptive method, it was found that the foundations for the prohibition of genocide include respect for the use of weapons of mass destruction, preservation of human dignity, and countering cultural genocide. Based on these principles, the damages and loopholes of the "Convention on the Prohibition and Punishment of Genocide", including the lack of support for political, social and cultural groups; Defects in the implementation mechanism and lack of obstacles in prevention, etc. were identified, and the Supreme Leader's defense model to protect human rights is introduced to the world as a guide to action and a basis for resistance against oppression and aggression.
کلیدواژهها [English]