Volume & Issue: Volume 2, Issue 3, September 2020, Pages 5-34

نویسندگان (Authors)

چکیده (Abstract)

The establishment of the International Criminal Court can be considered the latest development in international humanitarian law, However, the evolution of the rights of the military and civilians in the Second Protocol of 1977 to the four 1949 Geneva conventions has come to an end, and there has been no significant fundamental change since then. Of course, the first Additional Protocol is related to international armed conflicts and the second protocol is related to non-international armed conflicts. In general, the evolution of international humanitarian law is, of course, the rights of the military and civilians, as well as their property, because of the catastrophes caused in wars by the lack of three elements of the "principle of segregation"; The "principle of necessity" and the "principle of proportionality" have been identified and have reduced the suffering of humanity. But the important point that has always been a question in the mind of the researcher was why governments have taken steps towards international humanitarian law instead of strengthening paragraph 4 of Article 2 of the UN Charter (principle of non-use of force). However, the main purpose of this article is to examine "the evolution of the rights of the military and civilians in international armed conflicts from the perspective of international humanitarian law" despite the limitations of access to resources, it has collected the necessary information in a library method and analyzed it qualitatively in order to answer the main question.

کلیدواژگان (key words)