A Comparative Study of the War Reparations System in International Law and Iranian Domestic Law
Keywords:
Compensation, Armed Conflict, International Responsibility of Governments, Humanitarian Law, Civil LiabilityAbstract
Reparation for war damages is one of the most crucial issues in international law and the domestic law of states when confronting the destructive impacts of armed conflicts. In addition to extensive human casualties, wars entail significant economic, social, and environmental damages, which redoubles the necessity of establishing legal mechanisms for their compensation. In international law, the principle of international state responsibility is considered the primary basis for war reparations; based on this principle, any state that commits a breach of the rules of international law, particularly international humanitarian law, is obligated to make full reparation for the damages incurred. In contrast, in Iranian domestic law, compensation for war damages is mainly executed through protective legislation, government policies, and specific institutions established to support war victims. The present study, adopting a descriptive-analytical approach and utilizing a comparative method, examines the war reparations system in international law and Iranian domestic law. The research findings indicate that in international law, there are relatively developed rules regarding state responsibility and various forms of reparation, including restitution, financial compensation, satisfaction, and guarantees of non-repetition; however, the practical implementation of these rules faces challenges such as political considerations and weak enforcement mechanisms. Conversely, in Iranian domestic law, although effective protective mechanisms have been established to compensate citizens, particularly in war-torn areas, this system primarily possesses a supportive and administrative nature and relies less on the classical foundations of the legal responsibility of an aggressor state at the international level. Consequently, the comparative analysis demonstrates that each of these two systems possesses its own distinct advantages and limitations. International law is richer in terms of theoretical foundations and the diversity of methods of reparation, whereas Iranian domestic law has functioned more efficiently regarding the practical access of victims to compensatory support. Accordingly, simultaneously utilizing the capacities of international law and strengthening domestic legal mechanisms can lead to the creation of a more comprehensive and effective system for the reparation of war-induced damages.
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