Document Type : Original Article
Authors
1
Ph.D. Student in Public Law, Department of Law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran
2
Professor of International Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran
3
Assistant Prof, Department of public law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran
Abstract
Adherence to the obligations resulting from international treaties such as the United Nations Charter and the obligations arising from it, including the Security Council resolutions in the legal system of the Islamic Republic of Iran, which is influenced by the powers of the legal guardian, has different theoretical foundations from other states. Although Article 25 of the United Nations Charter obliges the member states to accept and implement the decisions of the Security Council, and the organization's practice considers at least the resolutions issued based on the seventh chapter of the Charter to be binding, however, the Islamic Republic of Iran has always been critical of the actions of this organ due to the fact that it sees most of the Security Council's decisions as detrimental to itself. Resolutions 598 and 2231 of the Security Council, the first of which ended the war and the second of which temporarily ended the nuclear conflict between Iran and the West, although it has finally been approved by the highest political authority in Iran (supreme leader), this acceptance was not done out of commitment to international obligations and requirements arising from the Charter, but simply by adhering to and appealing to political-jurisprudential standards. The investigation of this research is analytical-descriptive and the method of collecting information is library. The question of this article is about the position of the resolutions of the Security Council in the fundamental rights of the Islamic Republic of Iran, and the hypothesis that is raised is that since the system governing the Security Council is unfair, oppressive and a reflection of the system of domination in the eyes of the leaders of the Islamic Republic, therefore, the possible acceptance of the aforementioned resolutions is not based on international obligations and its norms, but on the basis of politics.
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