نوع المستند : مقالة علمية و بحثية
المؤلف
أستاذ مشارك، قسم القانون الدولي، كلية الحقوق، جامعة قم، قم، إيران
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
The formation of Hezbollah in Lebanon was a natural consequence of popular resistance to Israel’s occupation of parts of Lebanese territory in 1967 and its military presence in Lebanon in 1978. Although successive Lebanese governments repeatedly affirmed the necessity of resistance against foreign aggression, the “Army, People, and Resistance” formula established after the 1989 Taif Agreement gradually gave way to the monopolization of arms at the domestic and international levels. This article argues that Hezbollah’s possession of weapons can, to a considerable extent, be justified under international law, particularly in light of the rights of the Lebanese and Palestinian peoples to self-determination and the freedom to manifest religious beliefs. Hezbollah members may, under certain conditions of international humanitarian law, qualify as lawful combatants entitled to the relevant privileges. Moreover, Hezbollah’s potential right of self-defense as a legal entity cannot be categorically excluded, particularly where the Lebanese state is unable to defend itself. Effective and sustained control over parts of Lebanese territory may also provide grounds for considering legal recognition, subject to other applicable conditions. Finally, international resolutions and Lebanese domestic measures that conflict with the right to self-determination as a peremptory norm may lack legal effect.
الكلمات الرئيسية [English]
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