The international responsibility of governments in dealing with foreign fighters

پژوهش نامه ایرانی سیاست بین الملل

Volume 13, Issue 1 - Serial Number 25, January 2025, Pages 195-175   

Document Type: Original Article

DOI: 10.22067/irlip.2024.83588.1416

Authors

ali hasanpour^{* 1}; sohrab salahi²; Maryam Moradi³

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

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

³Qeshm

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

 

References

Barzegar, K., Tabe afshar, S. (2017). Neoclassical realism and American foreign policy; A theoretical analysis on understanding US foreign policy, Political and International Approaches Quarterly, 8th year, No. 1 (47 consecutive), pp. 42-70. (In Persian)

Bashiriyah, H. (2017).  Lessons of democracy for all, 6th edition, Negahe Moaser Publications. (In Persian)

Bigdeli, M.R. (2020). Trumpism, first edition, Tisa Publications. (In Persian)

Campbell, J. L. (2018). American Discontent: The Rise of Donald Trump and Decline of the Golden Age. https://doi.org/10.1093/oso/9780190872434.001.0001

 Chryssogelos, A. (2021). Is there a populist foreign policy?

Daheshyar, H., Nourani, A.S. (2020). Donald Trump's economic nationalism and the network approach in American foreign policy, International Relations Studies Quarterly, Year 13, No. 49, pp. 43-74. (In Persian)

Fallahi, S. (2017). "Investigating why and how to revive populism in Western democracies (with an emphasis on the victory of Donald Trump)", Politics Quarterly, Journal of the faculty of Law and Political Science, Volume 49, No. 3, pp. 745-764. (In Persian)

Ghanbarlu, A. (2020). Analysis of the role of American liberal globalism in the emergence and deepening of Trumpism, International Political Economy Studies, third volume, No. 2, pp. 357-382. (In Persian)

Ghorbani, M. (2020). US-China Trade War: Its Causes and Consequences, Scientific Quarterly of Strategic Public Policy Studies, Volume 10, No. 35, pp. 134-154. (In Persian)

Gilpin, R.; Darrell, P. & others (2017). New frontiers in international political economy, translated by Alireza Tayeb, Chapakhsh publishing. (In Persian)

Habermas, J. (2017). Globalization and the Future of Democracy, translated by Kamal Pooladi, 7th edition, Markaz Publications. (In Persian)

Hedayati Shahidani, M., Ramezanpour, J. (2018). US Approach to China's Continued Military-Economic Development (Case Study of Donald Trump's Presidency), International Studies Quarterly, Vol. 16, No. 2, pp. 71-91. (In Persian)

Kane, C. & McCulloch, C. (2017). Populism and Foreign Policy: Deepening Divisions and Decreasing Efficiency.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.globalpoliticsreview.com/publications/2464-9929_v03_i02_p039.pdf&ved=2ahUKEwiV5OfYu_r0AhWy_7sIHaAACrgQFnoECAsQAQ&usg=AOvVaw3zSZ7gxKR9GLgPBiqbbi04

Laclau, E. (2021). Populism: On Populist Reason, translated by Morad Farhadpour & Javad Ganji, first edition, Markaz Publishing. (In Persian)

Lofflmann, G. (2019). America First and the Populist Impact on US Foreign Policy.

Metawe, M. (2020). Populism and domestic/international politics: theory and practice.
https://www.emerald.com/insight/content/doi/10.1108/REPS-11-2019-0146/full/html

Mottaghi, E. (2020). Trump, Islamic Republic of Iran and International Politics, First Edition, University Publications and Higher Research Institute of National Defense and Strategic Research. (In Persian)

Mousavi Shafaee, S. M., Monfard, Q. (2018).  "Neo-Jacksonism; The model of American foreign policy in the era of Trump", Geopolitics Quarterly, 15th year, No. 1, pp. 146-179. (In Persian)

Mudde, C.; Kaltwasser, C.R. (2019). Populism: A very short introduction, translated by Seyyed Ahmed Movasaghi & Hassan Amaei, first edition, Negahe Moaser Publications. (In Persian)

Nadeem Mirza, M.; Abid Ali, L. & Qaisrani, I. H. (2021). Populism in the United States: Binary Constructions by Donald Trump in the Domestic and Foreign Policies. https://halshs.archives-ouvertes.fr/halshs-03410776

Pinto, J. F. (2018). Trump, a nationalist and a populist leader.

Robertson, Ronald. (2014). Globalization: social and cultural theories, translated by Kamal Pooladi, saless publications. (In Persian)

Rosefielde, S. (2017). Trump’s Populist America.

Salimi, H., Ebrahimi, M. (2014).  "Theoretical, meta-theoretical foundations and criticism of the theory of neoclassical realism", International Relations Research Quarterly, first volume, No. 17, pp. 13-42. (In Persian)

Samoudi, A.R. (2021). European populism, first edition, Abrar publications. (In Persian)

Seifzadeh, S. H. (2017).  Theorizing in International Relations, 12th edition, Samt Publishing. (In Persian)

Taggart, P. (2019). Populism, translated by Hassan Mortazavi, 4th edition, Ashian Publications. (In Persian)

Trump, D. (2020). Crippled America: How to Make America Great Again, translated by Samira Mohtasham and others, third edition, saless Publications. (In Persian)

Vile, M.J.C.  (2011). Politics and Government in the United States of America, translated by Gorban Ali Ganji, third edition, Ghoomes Publications. (In Persian)

Walt, S. (2021). The Hell of Good Intentions: America's Foreign Policy Elites and the Decline of US primacy, translated by Mehdi Ansari, first edition, Abrar Publications. (In Persian)