Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Examining the Legal Status of Electromagnetic Weapons in the Light of Jurisprudence and International Humanitarian Law

Document Type : Original Article

Authors
1 PhD in Private Law, Department of Law, Tonkabon Branch, Islamic Azad University, Tonkabon, Iran.
2 Assistant Professor, Department of Law, Nowshahr Branch, Islamic Azad University, Nowshahr, Iran. (Corresponding Author)
3 M.A. of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2024.403177.1303
Abstract
One of the basic challenges of the law of war is new weapons. Weapons such as electromagnetic weapons that operate at the speed of light are deadly and torture people. The purpose of this article is to examine the question of what is the legal status of electromagnetic weapons in the light of jurisprudence and international humanitarian law? The current article is descriptive and analytical and has investigated the mentioned question by using the library method. The results indicate that in humanitarian law, the principle of separation of civilians from the military, the principle of proportionality in the use of weapons, the principle of prohibition of unnecessary suffering and the principle of non-destruction of the environment prevail. In jurisprudence, the mentioned principles have been emphasized. There are no special rules regarding the use of electromagnetic weapons, but from the point of view of jurisprudence and international humanitarian law, the use of electromagnetic weapons is subject to compliance with the emphasized principles, which are accepted as mandatory rules in the law of war. In fact, the use of these weapons is permissible when it is possible to separate civilians from the military, does not create a pointless and unnecessary war on the military, is used in accordance with the enemy's intentions and does not cause damage to the environment.
Keywords

Volume 4, Issue 1
Winter 2024
Pages 149-162

  • Receive Date 24 August 2023
  • Revise Date 19 September 2023
  • Accept Date 26 November 2023
  • Publish Date 20 March 2024