نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، دانشگاه اراک، اراک، ایران دانشیار گروه حقوق، دانشگاه رازی، کرمانشاه، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This study, employing a descriptive-analytical method, seeks to elucidate the legal nature of the protection of critical infrastructure as one of the fundamental prerequisites for the realization of human security and the guarantee of the right to continuous access to public services. In light of the attacks by the United States and Israel against Iranian infrastructure facilities during the years 2025 to 2026, as well as Israel’s attacks on Lebanese infrastructure, legal analysis of this field has become a strategic necessity for safeguarding national sovereignty, preserving the essential functions of the state, and protecting the life and well-being of civilians. The principal objective of the research is to assess contemporary challenges and to formulate a framework for proactive legal engagement in response to international attacks against critical infrastructure. This analysis proceeds on the basis that such facilities cannot be regarded merely as public property or national assets; rather, they constitute indispensable elements for the continuity of civilian life, and any attack against them may be justified only where a legitimate military objective is established and the principles of distinction, proportionality, and precaution are strictly observed. The findings indicate that, notwithstanding the existence of protective rules under international human rights law, international humanitarian law, the four Geneva Conventions, and the Rome Statute, significant normative and structural gaps persist with respect to devising deterrent, proportionate, and effective responses to cyber-physical strategies of attrition. Moreover, revising the domestic legislative framework, strengthening legal diplomacy, and developing multilayered preventive mechanisms for establishing criminal responsibility and prosecuting both perpetrators and those ordering such acts remain undeniable necessities.
کلیدواژهها [English]
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