دانشکده حقوق و علوم سیاسی دانشگاه تهران
نوع مقاله : علمی-پژوهشی
نویسنده
استادیار حقوق بینالملل، دانشکدة حقوق دانشگاه قم، قم، جمهوری اسلامی ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
Although states and international organizations are considered as active subjects in international law, non - state actors play an important role due to transition from international society to international community. Non - state actors such as I S I S could no longer remain with no accountability in international community in the perspective of public international law. The present paper tries to scrutinize the necessity of accountability of non - state actors in the context of non liquet in international law of responsibility in order to overcoming the related challenges. The law of international responsibility has a customary character and in addition to the formation of custom, it must be identified. International courts are considered as the best ones for its identification. Nevertheless, lack of the said tribunal which has jurisdiction is the huge problem. The articles of international law commission as the entity for the codification and progressive development of international law, in respect of international responsibility have not dealt with the responsibility of non - state actors, however their responsibility has not been denied and it has even provided a way to address it. In the absence of explicit provision in respect of international responsibility of non - state actors, it can be understood that the silence does not deny the international accountability of non - state actors.
کلیدواژهها English
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