نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی کارشناسی ارشد حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The protection of nationals abroad is a legal doctrine meaning military intervention by a state to protect the lives of its nationals in the territory of other state. Some Advocates of this doctrine seek to justify it as a valid form of self-defense by broadly interpreting Article 51 of the United Nations charter and also asserting it as a part of customary law. This means nationals of countries who are outside their territory are considered part of their territory and therefore, attacking them is considered an attack on the country of these people, and the right of self-defense is reserved for that country. Furthermore, some have attempted to classify this doctrine under the umbrella of Diplomatic Protection, asserting that the state has the right to offer military protection to its citizens during precarious circumstances. Taking this matter into account, this article will explore the nature and approach of international law towards the doctrine of protection of nationals. Generally, it seems that since the doctrine has not been explicitly addressed in any international document and in addition, several nations and organizations, in various circumstances, have responded unfavorably the use of it as means of self-defense and diplomatic protection, the protection of nationals is not accepted from the point of view of international law.
کلیدواژهها [English]
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