نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The activity of terrorist groups and the support of governments to these groups is one of the problems of international order and security, and the legal mechanisms to deal with it have always been the subject of debate and opinion. In this article, an attempt has been made to investigate the basic question of whether it is possible to attribute the activities of terrorist groups to sponsoring governments from the point of view of international criminal law, what is the approach of the International Court of Justice in this regard, and what are the challenges of attributing the actions of terrorist groups to sponsoring governments. ? This article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that the international responsibility of the government for damages caused to foreigners is limited to actions caused by its own agents and representatives, not private individuals who did not have such a position. According to the procedure of the International Court of Justice, the government, under certain conditions, is responsible for protecting its affiliated groups. According to what was discussed in the Nicaragua case, the US government is responsible for their actions due to the overall control and effective control of the contras. This decision was repeated in the court procedure in the initial decision of the Tadic case, but in the appeal decision, the court changed its procedure.
کلیدواژهها English
