Modern Jurisprudence and Law

Modern Jurisprudence and Law

The right to property of capitalists in warring countries from the point of view of human rights based on the principle of innocence

Document Type : Original Article

Author
Researcher in the PhD program in Public International Law, Payam Noor University, Tehran
10.22034/jml.2024.721069
Abstract
The issue of property rights of capitalists in warring countries from the point of view of human rights based on the principle of innocence, examines the balance between security needs and individual rights. In times of war, governments are often forced to restrict private property rights to ensure national security. According to international law, these restrictions should be temporary and appropriate to the circumstances, and adequate compensation should be provided. The principle of innocence, which is the basis of human rights, requires that no person be found guilty until proven guilty. This principle also applies to property rights, which means that people's property and assets cannot be seized or confiscated without a valid reason. International humanitarian law also tries to establish a balance between military needs and human rights by establishing protective laws and prevent arbitrary infringement of property rights. Finally, national and international judicial authorities, such as the International Court of Justice and the International Criminal Court, play a role They play an important role in ensuring the implementation of laws and compensation for damages caused by the violation of property rights in war conditions. This article examines how these rights are implemented and the challenges associated with them in countries at war.
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