The international responsibility of governments in dealing with foreign fighters

Document Type : Original Article

Authors

• ali hasanpour ¹
• sohrab salahi ²
• Maryam Moradi ³

¹ Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran

² Department of Law, Imam Hossein University, Tehran, Iran

³ Qeshm

https://doi.org/10.22067/irlip.2024.83588.1416

Abstract

In armed conflicts, some people always participate in conflicts for various reasons; if the motivation of these people is not material gain, such people are called warriors. The presence of foreign fighters in armed conflicts has effects and consequences such as destabilizing governments, spreading terrorism and arms smuggling. This research was compiled with the aim of investigating the international responsibility of governments in dealing with foreign fighters using a descriptive and analytical method and using library resources. The findings indicate that various conventions have been approved to fight foreign fighters and prevent terrorism, and to confront governments with foreign fighters and their destructive actions. The Fifth Hague Convention of 1907 and the Convention on Combating the Financing of Terrorism of 1999 and Resolution 2178 and Binding Resolution No. 1373 dated September 28, 2001 of the Security Council and the International Government Responsibility Plan, Article 34 and Article 31, Paragraph 2, the injured state is required to compensate both material losses and are spiritual and according to international obligations, especially the Vienna Conventions 7927 and 7921 and the September 8, 1923 Convention, governments are responsible not only for actions but also for omissions. Therefore, the research results show that the fighters are not responsible for their actions. International law requires states to respect the legal and legal interests of other states. Otherwise, the offending governments are responsible for not maintaining international security, and in case of damage to other governments or citizens of those countries, they are required to compensate for the damage.

Keywords

• responsibility
• international
• governments
• confrontation
• foreign fighters

References

 

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