The Governments’ and NGOs’ International Responsibilities; The Islamic Jurisprudential fundamentals and Political Challenges

Document Type : Original Article

Authors

• Mahsa Fahimi Azad ¹
• Soheil Soheily Najafabad ²
• Mohsen Dianat ³

¹ Ph.D student of public international Law, Qeshm Branch, Islamic Azad University, Qeshm , Iran.

² Assistant Professor of of Law, Qeshm Branch, Islamic Azad University, Qeshm , Iran. (Corresponding Author(

³ Associate professor of Law, Qeshm Branch, Islamic Azad University, Qeshm , Iran.

Abstract

Recognizing the norms and regulations of international law and guarantying the international activists’ commitments necessitate a provisioning of international responsibility system for them. Using the descriptive and analytical methods and library data, the present research studied and explained the Islamic jurisprudential fundamentals of and political challenges for the governments’ and NGOs’ international responsibilities. The research findings showed that despite the lack of discussion on the subject in the Islamic jurisprudence, several jurisprudential regulations – such as the negation of hardship, the rule of prohibition of helping to commit a crime, the prohibition of detriment, as the most important ones - can be used as the fundamentals to justify the governments’ and NGOs’ international responsibilities. Despite this, there are several political challenges – the governments search for profits, their intervention in establishing the international laws, and political considerations effects on the election of judges for the international trials, as the most prominent ones - for the governments’ and NGOs’ international responsibilities.

Keywords

• political challenges
• government
• NGO
• jurisprudential fundamentals
• international responsibility

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