,، Remo، law

نوامبر 16, 2019 By vZbR33JZrQ

[۱۷۸]- See 1975 registration convention ,Articles II and IV.


[179]-San Remo Manual.
[180]- See part III, section II of the San Remo manual and the explanation given in L. Doswald –Beck (ed),San Remo manual on international law application to armed conflicts at sea, prepared by the international lawyers and naval experts convened by the international institute of humanitarian law (Cambridge university press.2nd ed.,1991),pp.122-124.the drafters of the San Remo manual rather sought the solution in “the restrictive approach adopted with regard to exemption from attack and the loss of protection […],as well as the development of criteria for the use of zones […].”,idem ,p.124.
[181]- Article 37 AP I and CIHLS, rule 65.note that this article uses the term “adversary ”and refers to a human enemy combatant . in space , it will rather be unmanned assets that perform hostile activities by proxy , at least in the foreseeable future .Despite the fact that persons ,who can be mislead , are behind the controls of the object , the protection of human dignity is not in direct jeopardy .there for , one may agree that ‘if [perfidy] is use solely for combat against military objects,(…)with out affecting any enemy combatant ,it is permissible ’.see D. fleck (ed), the hand book of humanitarian law in armed conflicts (oxford, oxford university press , 1995).pp 201-202.
[182]-M. N. schmitt,p.122.
[183]- The example mentioned by M.N. Schmitt, id.,(providing data on the target’s location to facilitate it) seems to operate in a grey area. The collection of data can , perhaps , better be describe as a ‘spy like’ activity. reconnaissance in and from space is considered a legal (military) activity .note with standing the asset being registered as civilian or military , see I. A. Vlasic . ‘Facilitation ‘may not be the obvious act that is considered as betraying the confidence of the adversary. On the other hand, adversaries may get killed ,injured or capture because of it. In such cases , due to the remote involvement of such assets resulting in the actual killing , injuring or capture of enemy assets.”[i]t will be no easy matter to establish a causal relation between the perfidious act that has taken place and the consequences of combat’. See ICRC commentary  ,article 37 A p I.1492.
[184]- Note that article 36 AP I obliges state parties to review every new weapon, means or method to assure its conformity with AP and any other rule of international law applicable to them.

[185]- 1868 St .petersburg Declaration ,preamble.
 
 
[186]-نامی،محمد حسن،فضابعد چهارم قدرت،انتشارات زیتون سبز،۱۳۸۹،ص-ص۱۱۶-۱۱۵.
[۱۸۷]-communication satellites.
[188]- weather sate llites.
[189]-Navigation satellites.
[190]- Resarch satellites.
[191]-Military satellites.
[192]-Spy satellites.  

[۱۹۳]-Reconnassance  satellites.
[194]-نامی،محمد حسن،فضا بعد چهارم قدرت،انتشارات زیتون سبز،۱۳۸۹،ص-۱۲۶.
[۱۹۵]-ASATs.