Document Type : Research/Original/Regular Article

Authors

• Golamali ghasemi ¹
• Mohammad Saleh Taskhiri ²
• Hassan Shirvani Filabadi ³

¹ , associate professor of international law - faculty of law - Qom university

² , Department of International Law, Faculty of Law, University of Qom, Qom, Iran.

³ Department of International Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

The war of the Iraqi Baath regime against the Islamic Republic of Iran was one of the longest, deadliest, and most expensive armed conflicts in the 20th century. In 1980, shortly after the victory of the Islamic Revolution, Iraq's Baathist regime invaded Iran. In the early days of the war, many parts of Iranian territory were occupied, and this war lasted for 8 years. In 1983, after liberating Khorramshahr, Iran was able to occupy parts of Iraq. Pursuing the aggressor and the continuation of the war after the repossession of Khorramshahr and the occupation of Faw by Iran has caused an ambiguity that has not yet been investigated in legal research, regardless of political and military dimensions. The current research seeks to answer the question of what was the reason for the continuation of the war of the Iraqi Baath regime against the Islamic Republic of Iran after the conquest of Khorramshahr and whether, from the legal point of view, Iran could enter the territory of the aggressor country and occupy parts of it by resorting to self-defense. A library study based on documentary sources with an evaluation-analytical method has been used to achieve this purpose. The research results show that according to the requirements of the theory of self-defense and the acquisition of conditions based on international custom and practice, Iran's action was lawful.

Keywords

• The war of the Iraqi Baath regime against the Islamic Republic of Iran
• Use of Force
• Right to Self-defense
• Proportionality
• Necessity

Main Subjects

• a