تحلیل حقوقی مسئولیت دولت در جبران خسارات ناشی از جنگ ۱۲ روزه ایران و رژیم صهیونیستی

میلاد  خلیلی; محسن اکبری; محمدرضا  امام زاده ئی

Authors

Milad Khalili Department of Law, May.C., Islamic Azad University, Maybod, Iran Author https://orcid.org/0009-0009-3435-0029
Mohsen Akbari Department of Law, Isf.C., Islamic Azad University, Isfahan, Iran Corresponding author https://orcid.org/0009-0002-3204-6233
Mohammadreza Imamzadehei Department of Law, Isf.C., Islamic Azad University, Isfahan, Iran Author https://orcid.org/0009-0003-5659-4602

Keywords:

State Responsibility, Compensation, Public Law, Citizen Protection, Twelve-Day War

Abstract

Armed conflicts have far-reaching consequences for the lives of citizens as well as for public and private property. In such circumstances, the responsibility of the state to compensate its nationals for losses and damage constitutes an important legal issue. The twelve-day war between Iran and Israel resulted in human casualties, financial losses, and the destruction of infrastructure and private property. This situation highlights the necessity of examining the legal foundations of the Iranian government's responsibility to compensate for such damage within the framework of domestic law and protective legal principles. Using a descriptive–analytical approach and drawing on library sources and official reports, this study analyzes the legal foundations and scope of the Iranian government's responsibility for compensating damage arising from this war. The examined legal foundations include the principle of protection of citizens, risk theory, distributive justice, and rules governing compensation for damage in emergency situations. The study also analyzes the role of domestic legislation, protective policies, and compensation mechanisms. The findings indicate that, during armed conflicts, even in the absence of direct state action causing the damage, the state may be obligated to compensate citizens on the basis of protective principles and social justice. The establishment of transparent and effective compensation mechanisms plays an important role in protecting citizens' rights and mitigating the social consequences of armed conflicts.

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