نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق خصوصی و بین الملل، دانشکده ادبیات و علوم انسانی، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Claiming reparations from aggressor States is one of the most significant legal consequences of the violation of fundamental rules of international law, particularly the prohibition of the use of force, respect for State sovereignty, and the prohibition of armed aggression. The Ramadan War, as a situation involving extensive human, material, economic, and environmental damage, provides an important context for examining the legal foundations and practical mechanisms for obtaining reparations from responsible States. Using a descriptive-analytical method, this article seeks to answer the question of what legal grounds underlie claims for reparations against aggressors in the Ramadan War and through which avenues such claims may be pursued. To this end, the article first examines the rules on the international responsibility of States, the principle of full reparation, and the jurisdiction of international judicial and quasi-judicial bodies. It then analyzes the role of domestic courts in affirming legal entitlements and documenting damages. Subsequently, the practical mechanisms for determining, assessing, and claiming reparations are addressed, including the establishment of a comprehensive database of damages, reliance on specialized expert assessments, and the use of diplomatic and legal capacities. The findings indicate that, although obstacles such as jurisdictional limitations of international fora, State immunity, and challenges in the enforcement of judgments exist, the combined use of international law, domestic law, legal diplomacy, and systematic documentation can provide an effective basis for pursuing the right to reparation.
کلیدواژهها [English]