مطالعات فقه اسلامی و مبانی حقوق (Feb 2024)
The Confrontation Between Iran and the United States from the Beginning of the Islamic Revolution until now with an Emphasis on the Legal and Political Approach
Abstract
The confrontation between Iran and America began in 1979 with the victory of the Islamic Revolution in Iran. This is one of the most important issues that have been discussed at the global level, or at least is considered as a sensitive issue in the Middle East region. This confrontation can be examined in two areas of war and sanctions: in the war, the United States, with its all-out support for Saddam against Iran, sought the fall of the Islamic Republic during eight years of imposed war, during which Saddam committed all kinds of crimes (war crimes, genocide etc.). The use of chemical and biological weapons against Iranian forces and the Kurds resulted in unforgettable crimes, the clear example of which is the Halabchah crime. At the end of the war, America directly entered the fray and targeted Iranian oil platforms and ships. The last crime of the US was the killing of 290 passengers of an Iranian passenger plane over the Persian Gulf by the USS Vincennes. Finally, this process led to the acceptance of Security Council Resolution 598 by Iran, by which the Iraq was not recognized as an aggressor state. In the field of sanctions, the US first froze more than 12 billion dollars of Iranian assets in 1979, and the US Congress allowed the amounts to be confiscated. This embargo policy started during the Carter era and was intensified during the Clinton era with ILSA sanctions in Congress. During the presidency of Mahmoud Ahmadinejad in Iran, America was able to impose the sanctions of the Security Council on Iran (Resolutions 1696, 1737 and 1747) and put a lot of pressure on Iran. This situation continued until the JCPOA was signed in Hassan Rouhani's government and the sanctions of the Security Council were lifted, but with Trump's withdrawal from the JCPOA, new sanctions (CAATSA) were imposed again Iran. These sanctions put a lot of economic pressure on Iran's economy, and the inflationary pressure caused by the sanctions severely threatens the weak sections of the society. The confrontation in the field of sanctions continues. This research, with a fundamental approach and a descriptive analytical method, and by collecting library information, deals with the forty-year conflict between these two countries in the field of military and economic warfare.
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