نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه قم، قم، ایران.
2 استاد تمام، گروه حقوق جزا و جرم شناسی ، دانشکده حقوق، دانشگاه قم، قم، ایران.
3 دانشیار گروه حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه قم، قم، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Background and aim: Among the most important assassinations in Iran, we can mention the assassination of General Qassem Soleimani and Martyr Fakhrizadeh. The mentioned assassinations are important in the sense that, firstly, the martyrdom of Sardar Soleimani took place in the territory of a foreign country, along with the violation of that country's privacy; Secondly, in the assassination of Shahid Fakhrizadeh, the latest war methods have been used. In this article, firstly, the definition, conditions and basics of targeted killing and the alleged justifications for the assassination of martyrs Soleimani and Fakhrizadeh and finally the legitimacy of the assassination of these martyrs have been discussed and investigated.
Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The assassination of the mentioned martyrs did not comply with the prohibition of assassination in the executive order of the American president and there was no reason to insist on assassination due to the absence of an immediate and imminent threat.
Conclusion: The targeted killing of General Qassem Soleimani was considered a violation of the sovereignty of the Iraqi state and, due to the absence of armed conflict, it was contrary to international laws; As a result, it is impossible to invoke self-defense in these assassinations.
کلیدواژه‌ها [English]
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