پژوهش تطبیقی حقوق اسلام و غرب (Mar 2022)

Production and Use of Ballistic Missiles in International Law and the Defense Doctrine of the Islamic Republic of Iran

  • Golamali ghasemi,
  • abas Iman Eslamiyeh

DOI
https://doi.org/10.22091/csiw.2022.8025.2251
Journal volume & issue
Vol. 9, no. 1
pp. 273 – 308

Abstract

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Ballistic missiles as a sensitive and strategic capability, in addition to their winning role in hot war, have an essential role in peacetime and during cold war and are considered to be a determining factor in defense deterrence. The present research, through a library study, is an analytical paper to answer this fundamental question that what is the response of international law to this strategic weapon in accordance with the existing international principles and documents. Except for special cases, the production and use of this weapon is not prohibited from the perspective of international law, and all states, including the Islamic Republic of Iran (IRI), have the right to possess this weapon in order to ensure their security and self-defense. Examination and analysis of the security and defense doctrine of the IRI as well as the situation of rival and enemy states demonstrate that Iran's missile program has a deterrent and defensive aspect. Furthermore, taking into account all kinds of arms sanctions and political and economic pressures of world powers, it is inevitable and is not in contradiction with international obligations in this area.

Keywords