Deliberating on Sacred Defense Literature in the Field of Legal – Social Researches
The military invasion of Ba’thi Regime of Iraq to Islamic Republic of Iran on September 22nd, 1980 resulted in the longest war in the 20th century. In the field of international literature regarding the contemporary wars in the world, the imposed war of Iraq against Iran has other unique characteristics too; but discussing about these characteristics in details requires another opportunity.
Cooperation of great powers of the world with the aggressive government of Iraq and subsiding flames of the cold war between camps of east and west in relation with the imposed war changed this war into a widespread war.
As a matter of fact, from one side, many countries actually instigated, equipped and supported the aggressive enemy; but when it came to words, they gave the motto of being impartial and having no enmity with our country. From the other side, during this war Islamic Republic of Iran was called for fight not only in military battle fields, but also in political, economic, cultural, financial and technological, etc battle fields.
As a matter of fact, what is famous as “An Entirely War”? in scientific discussions became applicable in the 8 years of attack of Iraq to Iran. During this war, the aggressive country (Iraq) backed by international supports and in the way to achieve victory ignored legal regulations most of times and actually took out the theory of “Target justifies the way”? from the archives of the history and brought it to the scene of reality. Iraq revitalized this theory. The result of this event was the challenge among international foundations which were responsible for preserving global peace and security (United Nations Organization especially its Executive Department which is Security Council) and also appearance of devil grudges of great powers of the world and their affiliated governments in the region.
But is we look at the imposed war from inside not from the outside and take a look at spiritual elements surrounding the war we come to the result that the sacredness of the defense has been due to the aggressive attacks, not the sacredness that truly goes back to defending ourselves or territorial integrity; but it is a divine honor, respect and holiness that makes jihad (Fighting in the way of God) and martyrdom meaningful and changes captivity in war into being a free man. The phrase “Sacred Defense”? is in this framework that can be interpreted and becomes far from legal defense in the culture of law and politics. Although we can not imagine an ending point for sacred defense now more than twenty years have passed since the end of the imposed war. There is verse in Holy Quran that says “Swear to pen and what it writes”? and also it is narrated that the prophet of Islam said: “The pen (Writings) of the scientists (Knowledgeable people) is more valuable than the blood of martyrs”? [It means that the valuable things that knowledgeable people write are everlasting and lead people. That is why the prophet, Hazrat Mohammad has said it is more valuable than the martyrs’ blood.]
When we think about this verse and this sentence we find out that this verse and this sentence have such a high position in sacred defense literature in the field of social researches. Then we should first evaluate and judge the performance of sacred defense literature in this field and later look at success elements or failure elements in this field and criticize them in order that the favorable situation and solutions to achieve to that are recognized.
Since I am a little familiar with the alphabet of “International Law”?, first I take a look at sacred defense in the literature of “International Law”? apart from the 11 festivals of selecting the best sacred defense book of the year and later I will criticize and study the quantity and quality of the judged works in the field of research in the framework of the studied books in 11 festivals. And at the end I will finish this article with a brief conclusion.
The First Chapter: Sacred Defense in the Framework of Literature of International Law
As an anti law phenomenon, but at the same time a real and touchable event, war is as old as the history of social life of human being. And it will probably be with human being till ever. The fire of war has been burst into flames between two or more countries and sometimes it has been a world war while this war has been a civil war sometimes. War however has been one of the most important elements which have caused irreparable materialistic and spiritual damages for human being.
As a legal system ruling on the global society, “International Law”? has made efforts to fight with this terrible and bad phenomenon in three battle fields. From one side, international law has cancelled out legitimacy of war by founding the base of prohibition of using force in international relationships and necessity of solving international conflicts with peaceful methods. From the other side “International Law”? has considered making wars more humanitarian considering the fact that despite all these prohibitions, wars always occur. “International Law”? has limited the rights of warring sides in using methods or war weapons. And finally by following up the process of disarming and controlling war equipments and weapons, “International Law”? makes efforts to complete its fights and efforts and make fundamental its fights and efforts.
The major importance of international law researches about war compared to the fields goes back to the fact that legal researches criticize and evaluates performances of governments based on international law principles and standards free from any type of personal and national bigotry.
During the 20th century, the imposed war of Iraq against Iran was the longest war that a government (Iraq) imposed to its neighboring country relying on the support of dominant powers of the world and also due to chimerical reasons. This war lasted since 1980 to 1988 and challenges most of international standards and principles ruling on armed fights. Hence, if Saddam called the sound of bullets and the roar of cannons more bitter and destructive than the tragedy of war it is a completely reasonable expectation that pens (Writers) criticize and analyze the events impartially, freely and relying on documents; the writings which come from the groans of pains that rise from the depth of their hearts. And it is also expected that writers make their best efforts for clarifying events for the next generations.
Meanwhile, international law experts have a very critical and important responsibility.
They should analyze, criticize and evaluate the fighting sides, the third governments and international organizations free from national bigotry and based on international legal rules and standards.
In order to find out the level of literature of international law regarding war between Iran and Iraq, we can mainly pay attention to the two issues of legal books and legal articles.
A – War between Iran and Iraq in the View of International Law in Persian Books
In this field, Ministry of Foreign Affairs has been more active compared to other domestic governmental foundations. And it was due to the nature of the duties entrusted to this ministry and also because of easy access to international documents by this ministry.
By compiling and publishing the Book “An Analysis on the Imposed War of Iraq Regime against Islamic Republic of Iran”? (The First Volume) in February 1983, the Legal Office of Ministry of Foreign Affairs turned on the light of research in this field. And by compiling and publishing the second volume of this book in 1988, this office continued this activity.
“Political and International Office”? of Ministry of Foreign Affairs has compiled and published the following books too: The Book “Security Council and the Imposed War of Iraq against Islamic Republic of Iran”? wcompiled by Abbas Hedayati Khomeini published in 1991, the Book “Iran and Iraq War (1980 – 1988) and Law of Marine War”? a translation published in 1995, the Book “Concepts of Suspension of Fights and the Situation of Neither War, Nor Peace in International Law”? compiled by Hamid Reza Malek Mohammadi Nouri (1993).
Ministry of Defense and Supporting Armed Forces has also complied and published valuable books in this field. “Publication Organization of Sepah”? (Army of the Guardians of the Islamic Revolution) and “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? have been particularly pioneers in this field. “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? has published the following law books: The Book “Knowing again the Aspects of Aggression and Defense”? (Series of Articles, published in 1989), the Book “International Law and Usage of Chemical Weapons in the Imposed War of Iraq against Islamic Republic of Iran”?, compiled by Sayed Ghassem Zamani, published in 1997 and the Book “Public Security System of United Nations Organization and Aggression of Iraq Regime to Islamic Republic of Iran”?, compiled by Sayed Ghassem Zamani and Dr. Esmaeel Mansouri Larijani, published in 1999).
In addition to these books, since many years ago “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? has announced the news that this foundation is implementing the plan of obtaining the “Encyclopedia of Sacred Defense”?; but the practical results have not been observed yet. The nature of this activity is however appreciable. We hope that this plan is not eliminated during time and or after being implemented, it is a favorable and acceptable work as far as quantity and quality are concerned.
Relying on “Hozeh Honari”? of “Islamic Propagations Organization”? and “Islamic Culture Dissemination Office”?, the Ministry of Culture and Islamic Guidance has published some books in this field. The Book “Legal Dimensions of Perspective of Peace between Iran and Iraq”? compiled by Dr Ali Asghar Kazemi is one of the outstanding books in this respect which was published by “Islamic Culture Dissemination Office”? in the Year 1998.
Among governmental universities, “University of Imam Hossein”? and “University of Tehran”? have published legal books in the field of Iran and Iraq war. In this respect, I can refer to the Book “Aggression of Iraq to Iran and Taking Position by United Nations Organization”? (Published in 1987) and also the Book “International Responsibility of Governments Considering the Aggression of Iraq to Iran”? (Published in 1998). These two books have been published by “Faculty of Law and Political Sciences”? of “Tehran University”?.
The war between Iran and Iraq in the view of international law has been less paid attention by private publishers. And the most important reasons for this fact may be economic reasons. As for some of limited private publishers that have published books in this field, I can refer to “Taban Publication”? and “Shahr- e Danesh Institution of Law Studies and Researches”?. As for the books published by “Shahr- e Danesh Institution of Law Studies and Researches”?, I can refer to the Book “Deliberating on Observing Impartiality Laws in the Imposed War of Iraq against Iran”? Compiled by Dr Sayed Ghassem Zamani, published in 2001 and also the Book “International Humanitarian Laws, Occupying Lands of Iran in the Imposed Ward”? compiled by Dr. Sayed Ghassem Zamani, published in 2002.
B: International Law and the War between Iran and Iraq in Persian Publications
Attention to the dimensions of international law of the war between Iran and Iraq was mainly paid by two magazines of “Foreign Policy”? (Published by Ministry of Foreign Affairs”? and “Defensive Policy”? (Published by University of Imam Hossein”? among other magazines which were published inside the country. It should be mentioned that the Magazine “International Communities”? (Published by Ministry of Justice) and the Magazine “Political – Economic Ettela’at”? (Ettela’at means information and is the name of an old newspaper in Iran) (Published by Ettela’at Newspaper) also published considerable articles in this field. It is interesting to know that none of these magazines are completely law magazines and do not carry the title of “Law Magazine”?. Hence, there are much more expectations from law magazines of the country to reflect international law dimensions of the war between Iran and Iraq.
There are four famous law magazines in Iran which are namely “Law Magazine of Islamic Republic of Iran Maw Services Office”?, “Legal Researches Magazine of Martyr Beheshti University”?, “Magazine of Faculty of Law and Political Sciences of Tehran University”? and “Magazine of Association of Lawyers”?; but unfortunately, we rarely find articles with the subject of legal literature of the war between Iran and Iraq in these mentioned magazines.
“Legal Researches Magazine of Martyr Beheshti University”? and “Magazine of Association of Lawyers”? have not published considerable articles in this field.
“Law Magazine of Islamic Republic of Iran Maw Services Office”? has been published since 1984. It is basically about international law issues. This magazine has merely published three magazines about the war between Iran and Iraq. These articles were published in the years 1986 (A compiled articles), 1990 (A translated article) and 1371 – 1372 (1992 to 1994) (A compiled article).
“Magazine of Faculty of Law and Political Sciences of Tehran University”? has published two articles in this field and finished its job in this respect. These articles were published in the years 1994 (A translated article) and 2001 (A compiled article).
30 editions of “Law Magazine of Islamic Republic of Iran Maw Services Office”?, 38 editions of “Legal Researches Magazine of Martyr Beheshti University”?, 63 editions of “Magazine of Faculty of Law and Political Sciences of Tehran University”? and 185 editions of “Magazine of Association of Lawyers”? have been published by now. Majority of these editions have been published after September 22nd, 1980 (The beginning of the aggression of Ba’thi Regime of Iraq to Islamic Republic of Iran).
It is much to be regretted that the number of university theses which are written with the subject of “International Law and the War between Iran and Iraq”? are as few as the number of fingers of two hands. This statistics are about the theses which are written in MA and PhD course of International Law in Tehran University, Martyr Behehsti University, Allameh Tabatabaee University and Islamic Azad University.
C: War between Iran and Iraq in the View of International Law in Foreign Sources
Compared to inside the country, more attention has been paid to the issue of international law and the war between Iran and Iraq in foreign sources including law books and magazines. This is while they have not been direct victims of the war between Iran and Iraq. The following books are two of the sources that are published in English Language and can be referred as a document: “Dekker. I. F and Post H.H.G (eds); The Gulf War of 1980 – 1988, Martinus Nijhoff, 1992.
Davies. Ch. After the War: Iraq, Iran and the Arab Gulf, Garden Publications Limited, 1990.
Using the phrase “The Gulf War”? or “The Arab Gulf”? and not using the creditable and known name of “Persian Gulf”? in the title of mentioned books shows the fact that narrating realities from the point of view of others can be impartial and non-scientific. This is not the issue in which we are not guilty and answerable at all.
Paying attention to legal dimensions of the war between Iran and Iraq in foreign magazines has been outstanding. In this respect, we can refer to the following magazines:
“International and Comparative Law Quarterly”?, “British Yearbook of International Law”?, “Canadian Yearbook of International Law”?, “Netherlands Yearbook of International Law”?, “Netherlands Yearbook of International Law”?, “Annuaire Francais de Droit International”? and “Ocean Development and International Law”?.
The Second Chapter: Sacred Defense in the Framework of Social Researches (Political, Economic, Historical, Cultural, Military, Security and Management)
The First Festival of Selecting the Best Sacred Defense Book of the Year was held in 1993. Although it seemed that the books which had been written in the field of research during the 8 years of sacred defense and 4 years after ceasefire between Iran and Iraq had been in high level of quantity and quality, but it was not actually this way. And it was stated in the announcement of the jury of this festival that it is expected that writers make more efforts in writing more and better works in this field and fulfill their mission in transferring message to audiences. In that festival there were no books in the field of research selected as the first to third ranks. During the following years, we witnessed relatively and gradually growth in the number of works and quality of works in the field of research such that the number of research books which were judged and received ranks increased in the festivals of next years. It might be due to the influence of holding the festival of Selecting the Best Sacred Defense Book of the Year.
For instance, in the 8th Festival of Selecting the Best Sacred Defense Book of the Year which was held in 1381 – 1382 (2002-2003), 81 books were judged and a number of them received ranks in the fields of historical – political – social – military and information dissemination.
I have chosen the 8th festival because we faced a considerable drop in quantity and quality of sacred defense books in the field of research since that festival such that in the 11th festival (2007) there were only 35 books that were judged. And in none of the fields these books ranked first or second. In this announcement that was issued at the conclusion of the festival, the jury of the research group expressed sorrow about inattentiveness of research centers and publications to the issue of research considering the characteristics of selected and honored books and also considering the critical and important role of such books in expressing legitimacy of the 8 years of sacred defense and also the historical legitimacy and rightfulness of the brave and oppressed nation of Iran among opinions of nations of the world as well as current and future generations. The jury of the research group also called policy makers and directors in this field for reviewing activities and improving the quantity and quality level of published books.
Considering all these facts, the status of books was much more sorrowful in the 12th festival of Selecting the Best Sacred Defense Book of the Year in the Year 1387 (2008). In this festival only 10 titles of books in the field of social research were received by the secretariat of the festival. And these 10 books were judged in the festival. In this festival “Military Research Group”? became an independent group and to some extent it might be the reason of drop in the number of judged books; but the considerable decrease in the number of books can not be merely rooted in separation of “Military Research Group”? from “Social Research Group”?; because “Military Research Group”? has the similar fate.
Another issue is the fact that most of sacred defense books in the field of social researches were published by some particular governmental publishers. “Studies and Researches Center of Sepah Pasdaran of Islamic Revolution”? (Army of the Guardians of the Islamic Revolution) with an almost big distance with “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”?, “Religious, Political Organization of Islamic Republic of Iran Army”?, “Shahed Publication”? and other governmental publishers have published a considerable part of books in the field of sacred defense research.
This issue is in nature appreciable and can not be criticized; but we should pave the ground for providing more private publishers with the opportunity to be more active in this field.
The fact that sacred defense book publishers are governmental may at least have a negative effect at the first look in the judgment about the impartiality and scientific contents of books.
Conclusion:
As far as diversity and wideness and also importance are concerned, the field of sacred defense research is not comparable with any other fields of sacred defense literature. Research in the field of sacred defense from the point of view of law, policy, culture, economy, security, management, psychology, military, history, etc. opens a wide perspective before the researcher that seems unique. From the other side, demanding justice of the right of Islamic Republic of Iran in international society, identifying the political strategy of the country in the region and the world, clarifying the questioner minds of current generation and future generations about this issue and proving the righteousness of the country to a great extent are influenced by social researches conducted in the field of sacred defense. Reasonability of these researches guarantees continuation and lasting of these researches in preserving and disseminating values of sacred defense.
At the first look, it may come to mind that it is natural and predictable to witness gradual fall of sacred defense literature in the field of research the more we come far from the ending of the 8 years of imposed war; but we should consider the fact that a small snow ball becomes heavier and more powerful the more it gets far from the mountain peak and the more it gets close to the mountain slope when it starts moving from the peak. The researcher who conducts researches at the present time is supported by a great amount of research experiences of others in past. And compared to the person who conducted researches in the first years of sacred defense, this researcher is in a completely different situation.
If we however look fairly at the amount and depth of social researches about the war between Iran and Iraq in Persian sources we will easily find out that we do not unfortunately have very acceptable record. And studying social dimensions of the imposed war of Iran has not been sufficiently paid attention by professors and researchers inside the country.
Considering the glory and sacredness of 8 years of defense and jihad in the way of protecting our religion, country and Islamic Revolution, neither the institutions that cover their expenses from the public budget of the country nor the private and non governmental foundations has not carried out very acceptable activities in this field. Sufficing to political mottos and posing as the researchers can not be accepted from foundations and related research institutions as well as Iranian professors and researchers in this field.
It does not seem that the questioner and curious generation of today and future will be persuaded about the 8 years of sacred defense with such claims. The respect, honor and value of the poured innocent blood and sacrificed lives, captivity, injuries and different types of disabilities tolerated by our combatants are very much. And compared to theses values we feel shy about the amount of social research activities that have been carried out in the field of sacred defense.
Strategy:
As for the strategies that will result in improvement of sacred defense literature in the field of social research if they become operational, we can refer to the followings: compiling national major program for conducting social researches about sacred defense, multidimensional and widespread support of researchers and thinkers and active people in this field, supporting private publishers, facilitating the access to related documents, establishing national library of war and sacred defense, cooperation and coordination between different related administrations, encouraging conducting group researches and intra field researches, welcoming scientific and impartial criticism regarding the performance of different administrations during the sacred defense, launching educational courses about sacred defense in universities, benefiting from scientific capacity and capability of universities- university theses in particular, respecting copy right and the compiling rights for the real creators of sacred defense books, suitable propagation, supporting forming and activities of associations of sacred defense researchers and pathology of published books.
In the international level, we should always remember the fact that medium of propagation and media are in hands of the powers that really started the fire of the imposed war. That is why the nations of the world usually receive partial, one side and unreal information about the imposed war of Iraq against Islamic Republic of Iran.
As a matter of fact, sacred defense literature has not become international. Translating the selected books in different festivals related to sacred defense into live languages of the world (At least English, French and Arabic) and distributing the published books suitably among different nations can be influential in improving public information and knowledge of the international society in the field of sacred defense.
Dr. Sayed Ghassem Zamani
As a matter of fact, from one side, many countries actually instigated, equipped and supported the aggressive enemy; but when it came to words, they gave the motto of being impartial and having no enmity with our country. From the other side, during this war Islamic Republic of Iran was called for fight not only in military battle fields, but also in political, economic, cultural, financial and technological, etc battle fields.
As a matter of fact, what is famous as “An Entirely War”? in scientific discussions became applicable in the 8 years of attack of Iraq to Iran. During this war, the aggressive country (Iraq) backed by international supports and in the way to achieve victory ignored legal regulations most of times and actually took out the theory of “Target justifies the way”? from the archives of the history and brought it to the scene of reality. Iraq revitalized this theory. The result of this event was the challenge among international foundations which were responsible for preserving global peace and security (United Nations Organization especially its Executive Department which is Security Council) and also appearance of devil grudges of great powers of the world and their affiliated governments in the region.
But is we look at the imposed war from inside not from the outside and take a look at spiritual elements surrounding the war we come to the result that the sacredness of the defense has been due to the aggressive attacks, not the sacredness that truly goes back to defending ourselves or territorial integrity; but it is a divine honor, respect and holiness that makes jihad (Fighting in the way of God) and martyrdom meaningful and changes captivity in war into being a free man. The phrase “Sacred Defense”? is in this framework that can be interpreted and becomes far from legal defense in the culture of law and politics. Although we can not imagine an ending point for sacred defense now more than twenty years have passed since the end of the imposed war. There is verse in Holy Quran that says “Swear to pen and what it writes”? and also it is narrated that the prophet of Islam said: “The pen (Writings) of the scientists (Knowledgeable people) is more valuable than the blood of martyrs”? [It means that the valuable things that knowledgeable people write are everlasting and lead people. That is why the prophet, Hazrat Mohammad has said it is more valuable than the martyrs’ blood.]
When we think about this verse and this sentence we find out that this verse and this sentence have such a high position in sacred defense literature in the field of social researches. Then we should first evaluate and judge the performance of sacred defense literature in this field and later look at success elements or failure elements in this field and criticize them in order that the favorable situation and solutions to achieve to that are recognized.
Since I am a little familiar with the alphabet of “International Law”?, first I take a look at sacred defense in the literature of “International Law”? apart from the 11 festivals of selecting the best sacred defense book of the year and later I will criticize and study the quantity and quality of the judged works in the field of research in the framework of the studied books in 11 festivals. And at the end I will finish this article with a brief conclusion.
The First Chapter: Sacred Defense in the Framework of Literature of International Law
As an anti law phenomenon, but at the same time a real and touchable event, war is as old as the history of social life of human being. And it will probably be with human being till ever. The fire of war has been burst into flames between two or more countries and sometimes it has been a world war while this war has been a civil war sometimes. War however has been one of the most important elements which have caused irreparable materialistic and spiritual damages for human being.
As a legal system ruling on the global society, “International Law”? has made efforts to fight with this terrible and bad phenomenon in three battle fields. From one side, international law has cancelled out legitimacy of war by founding the base of prohibition of using force in international relationships and necessity of solving international conflicts with peaceful methods. From the other side “International Law”? has considered making wars more humanitarian considering the fact that despite all these prohibitions, wars always occur. “International Law”? has limited the rights of warring sides in using methods or war weapons. And finally by following up the process of disarming and controlling war equipments and weapons, “International Law”? makes efforts to complete its fights and efforts and make fundamental its fights and efforts.
The major importance of international law researches about war compared to the fields goes back to the fact that legal researches criticize and evaluates performances of governments based on international law principles and standards free from any type of personal and national bigotry.
During the 20th century, the imposed war of Iraq against Iran was the longest war that a government (Iraq) imposed to its neighboring country relying on the support of dominant powers of the world and also due to chimerical reasons. This war lasted since 1980 to 1988 and challenges most of international standards and principles ruling on armed fights. Hence, if Saddam called the sound of bullets and the roar of cannons more bitter and destructive than the tragedy of war it is a completely reasonable expectation that pens (Writers) criticize and analyze the events impartially, freely and relying on documents; the writings which come from the groans of pains that rise from the depth of their hearts. And it is also expected that writers make their best efforts for clarifying events for the next generations.
Meanwhile, international law experts have a very critical and important responsibility.
They should analyze, criticize and evaluate the fighting sides, the third governments and international organizations free from national bigotry and based on international legal rules and standards.
In order to find out the level of literature of international law regarding war between Iran and Iraq, we can mainly pay attention to the two issues of legal books and legal articles.
A – War between Iran and Iraq in the View of International Law in Persian Books
In this field, Ministry of Foreign Affairs has been more active compared to other domestic governmental foundations. And it was due to the nature of the duties entrusted to this ministry and also because of easy access to international documents by this ministry.
By compiling and publishing the Book “An Analysis on the Imposed War of Iraq Regime against Islamic Republic of Iran”? (The First Volume) in February 1983, the Legal Office of Ministry of Foreign Affairs turned on the light of research in this field. And by compiling and publishing the second volume of this book in 1988, this office continued this activity.
“Political and International Office”? of Ministry of Foreign Affairs has compiled and published the following books too: The Book “Security Council and the Imposed War of Iraq against Islamic Republic of Iran”? wcompiled by Abbas Hedayati Khomeini published in 1991, the Book “Iran and Iraq War (1980 – 1988) and Law of Marine War”? a translation published in 1995, the Book “Concepts of Suspension of Fights and the Situation of Neither War, Nor Peace in International Law”? compiled by Hamid Reza Malek Mohammadi Nouri (1993).
Ministry of Defense and Supporting Armed Forces has also complied and published valuable books in this field. “Publication Organization of Sepah”? (Army of the Guardians of the Islamic Revolution) and “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? have been particularly pioneers in this field. “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? has published the following law books: The Book “Knowing again the Aspects of Aggression and Defense”? (Series of Articles, published in 1989), the Book “International Law and Usage of Chemical Weapons in the Imposed War of Iraq against Islamic Republic of Iran”?, compiled by Sayed Ghassem Zamani, published in 1997 and the Book “Public Security System of United Nations Organization and Aggression of Iraq Regime to Islamic Republic of Iran”?, compiled by Sayed Ghassem Zamani and Dr. Esmaeel Mansouri Larijani, published in 1999).
In addition to these books, since many years ago “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”? has announced the news that this foundation is implementing the plan of obtaining the “Encyclopedia of Sacred Defense”?; but the practical results have not been observed yet. The nature of this activity is however appreciable. We hope that this plan is not eliminated during time and or after being implemented, it is a favorable and acceptable work as far as quantity and quality are concerned.
Relying on “Hozeh Honari”? of “Islamic Propagations Organization”? and “Islamic Culture Dissemination Office”?, the Ministry of Culture and Islamic Guidance has published some books in this field. The Book “Legal Dimensions of Perspective of Peace between Iran and Iraq”? compiled by Dr Ali Asghar Kazemi is one of the outstanding books in this respect which was published by “Islamic Culture Dissemination Office”? in the Year 1998.
Among governmental universities, “University of Imam Hossein”? and “University of Tehran”? have published legal books in the field of Iran and Iraq war. In this respect, I can refer to the Book “Aggression of Iraq to Iran and Taking Position by United Nations Organization”? (Published in 1987) and also the Book “International Responsibility of Governments Considering the Aggression of Iraq to Iran”? (Published in 1998). These two books have been published by “Faculty of Law and Political Sciences”? of “Tehran University”?.
The war between Iran and Iraq in the view of international law has been less paid attention by private publishers. And the most important reasons for this fact may be economic reasons. As for some of limited private publishers that have published books in this field, I can refer to “Taban Publication”? and “Shahr- e Danesh Institution of Law Studies and Researches”?. As for the books published by “Shahr- e Danesh Institution of Law Studies and Researches”?, I can refer to the Book “Deliberating on Observing Impartiality Laws in the Imposed War of Iraq against Iran”? Compiled by Dr Sayed Ghassem Zamani, published in 2001 and also the Book “International Humanitarian Laws, Occupying Lands of Iran in the Imposed Ward”? compiled by Dr. Sayed Ghassem Zamani, published in 2002.
B: International Law and the War between Iran and Iraq in Persian Publications
Attention to the dimensions of international law of the war between Iran and Iraq was mainly paid by two magazines of “Foreign Policy”? (Published by Ministry of Foreign Affairs”? and “Defensive Policy”? (Published by University of Imam Hossein”? among other magazines which were published inside the country. It should be mentioned that the Magazine “International Communities”? (Published by Ministry of Justice) and the Magazine “Political – Economic Ettela’at”? (Ettela’at means information and is the name of an old newspaper in Iran) (Published by Ettela’at Newspaper) also published considerable articles in this field. It is interesting to know that none of these magazines are completely law magazines and do not carry the title of “Law Magazine”?. Hence, there are much more expectations from law magazines of the country to reflect international law dimensions of the war between Iran and Iraq.
There are four famous law magazines in Iran which are namely “Law Magazine of Islamic Republic of Iran Maw Services Office”?, “Legal Researches Magazine of Martyr Beheshti University”?, “Magazine of Faculty of Law and Political Sciences of Tehran University”? and “Magazine of Association of Lawyers”?; but unfortunately, we rarely find articles with the subject of legal literature of the war between Iran and Iraq in these mentioned magazines.
“Legal Researches Magazine of Martyr Beheshti University”? and “Magazine of Association of Lawyers”? have not published considerable articles in this field.
“Law Magazine of Islamic Republic of Iran Maw Services Office”? has been published since 1984. It is basically about international law issues. This magazine has merely published three magazines about the war between Iran and Iraq. These articles were published in the years 1986 (A compiled articles), 1990 (A translated article) and 1371 – 1372 (1992 to 1994) (A compiled article).
“Magazine of Faculty of Law and Political Sciences of Tehran University”? has published two articles in this field and finished its job in this respect. These articles were published in the years 1994 (A translated article) and 2001 (A compiled article).
30 editions of “Law Magazine of Islamic Republic of Iran Maw Services Office”?, 38 editions of “Legal Researches Magazine of Martyr Beheshti University”?, 63 editions of “Magazine of Faculty of Law and Political Sciences of Tehran University”? and 185 editions of “Magazine of Association of Lawyers”? have been published by now. Majority of these editions have been published after September 22nd, 1980 (The beginning of the aggression of Ba’thi Regime of Iraq to Islamic Republic of Iran).
It is much to be regretted that the number of university theses which are written with the subject of “International Law and the War between Iran and Iraq”? are as few as the number of fingers of two hands. This statistics are about the theses which are written in MA and PhD course of International Law in Tehran University, Martyr Behehsti University, Allameh Tabatabaee University and Islamic Azad University.
C: War between Iran and Iraq in the View of International Law in Foreign Sources
Compared to inside the country, more attention has been paid to the issue of international law and the war between Iran and Iraq in foreign sources including law books and magazines. This is while they have not been direct victims of the war between Iran and Iraq. The following books are two of the sources that are published in English Language and can be referred as a document: “Dekker. I. F and Post H.H.G (eds); The Gulf War of 1980 – 1988, Martinus Nijhoff, 1992.
Davies. Ch. After the War: Iraq, Iran and the Arab Gulf, Garden Publications Limited, 1990.
Using the phrase “The Gulf War”? or “The Arab Gulf”? and not using the creditable and known name of “Persian Gulf”? in the title of mentioned books shows the fact that narrating realities from the point of view of others can be impartial and non-scientific. This is not the issue in which we are not guilty and answerable at all.
Paying attention to legal dimensions of the war between Iran and Iraq in foreign magazines has been outstanding. In this respect, we can refer to the following magazines:
“International and Comparative Law Quarterly”?, “British Yearbook of International Law”?, “Canadian Yearbook of International Law”?, “Netherlands Yearbook of International Law”?, “Netherlands Yearbook of International Law”?, “Annuaire Francais de Droit International”? and “Ocean Development and International Law”?.
The Second Chapter: Sacred Defense in the Framework of Social Researches (Political, Economic, Historical, Cultural, Military, Security and Management)
The First Festival of Selecting the Best Sacred Defense Book of the Year was held in 1993. Although it seemed that the books which had been written in the field of research during the 8 years of sacred defense and 4 years after ceasefire between Iran and Iraq had been in high level of quantity and quality, but it was not actually this way. And it was stated in the announcement of the jury of this festival that it is expected that writers make more efforts in writing more and better works in this field and fulfill their mission in transferring message to audiences. In that festival there were no books in the field of research selected as the first to third ranks. During the following years, we witnessed relatively and gradually growth in the number of works and quality of works in the field of research such that the number of research books which were judged and received ranks increased in the festivals of next years. It might be due to the influence of holding the festival of Selecting the Best Sacred Defense Book of the Year.
For instance, in the 8th Festival of Selecting the Best Sacred Defense Book of the Year which was held in 1381 – 1382 (2002-2003), 81 books were judged and a number of them received ranks in the fields of historical – political – social – military and information dissemination.
I have chosen the 8th festival because we faced a considerable drop in quantity and quality of sacred defense books in the field of research since that festival such that in the 11th festival (2007) there were only 35 books that were judged. And in none of the fields these books ranked first or second. In this announcement that was issued at the conclusion of the festival, the jury of the research group expressed sorrow about inattentiveness of research centers and publications to the issue of research considering the characteristics of selected and honored books and also considering the critical and important role of such books in expressing legitimacy of the 8 years of sacred defense and also the historical legitimacy and rightfulness of the brave and oppressed nation of Iran among opinions of nations of the world as well as current and future generations. The jury of the research group also called policy makers and directors in this field for reviewing activities and improving the quantity and quality level of published books.
Considering all these facts, the status of books was much more sorrowful in the 12th festival of Selecting the Best Sacred Defense Book of the Year in the Year 1387 (2008). In this festival only 10 titles of books in the field of social research were received by the secretariat of the festival. And these 10 books were judged in the festival. In this festival “Military Research Group”? became an independent group and to some extent it might be the reason of drop in the number of judged books; but the considerable decrease in the number of books can not be merely rooted in separation of “Military Research Group”? from “Social Research Group”?; because “Military Research Group”? has the similar fate.
Another issue is the fact that most of sacred defense books in the field of social researches were published by some particular governmental publishers. “Studies and Researches Center of Sepah Pasdaran of Islamic Revolution”? (Army of the Guardians of the Islamic Revolution) with an almost big distance with “Foundation for Preservation of Monuments and Dissemination of Values of Sacred Defense”?, “Religious, Political Organization of Islamic Republic of Iran Army”?, “Shahed Publication”? and other governmental publishers have published a considerable part of books in the field of sacred defense research.
This issue is in nature appreciable and can not be criticized; but we should pave the ground for providing more private publishers with the opportunity to be more active in this field.
The fact that sacred defense book publishers are governmental may at least have a negative effect at the first look in the judgment about the impartiality and scientific contents of books.
Conclusion:
As far as diversity and wideness and also importance are concerned, the field of sacred defense research is not comparable with any other fields of sacred defense literature. Research in the field of sacred defense from the point of view of law, policy, culture, economy, security, management, psychology, military, history, etc. opens a wide perspective before the researcher that seems unique. From the other side, demanding justice of the right of Islamic Republic of Iran in international society, identifying the political strategy of the country in the region and the world, clarifying the questioner minds of current generation and future generations about this issue and proving the righteousness of the country to a great extent are influenced by social researches conducted in the field of sacred defense. Reasonability of these researches guarantees continuation and lasting of these researches in preserving and disseminating values of sacred defense.
At the first look, it may come to mind that it is natural and predictable to witness gradual fall of sacred defense literature in the field of research the more we come far from the ending of the 8 years of imposed war; but we should consider the fact that a small snow ball becomes heavier and more powerful the more it gets far from the mountain peak and the more it gets close to the mountain slope when it starts moving from the peak. The researcher who conducts researches at the present time is supported by a great amount of research experiences of others in past. And compared to the person who conducted researches in the first years of sacred defense, this researcher is in a completely different situation.
If we however look fairly at the amount and depth of social researches about the war between Iran and Iraq in Persian sources we will easily find out that we do not unfortunately have very acceptable record. And studying social dimensions of the imposed war of Iran has not been sufficiently paid attention by professors and researchers inside the country.
Considering the glory and sacredness of 8 years of defense and jihad in the way of protecting our religion, country and Islamic Revolution, neither the institutions that cover their expenses from the public budget of the country nor the private and non governmental foundations has not carried out very acceptable activities in this field. Sufficing to political mottos and posing as the researchers can not be accepted from foundations and related research institutions as well as Iranian professors and researchers in this field.
It does not seem that the questioner and curious generation of today and future will be persuaded about the 8 years of sacred defense with such claims. The respect, honor and value of the poured innocent blood and sacrificed lives, captivity, injuries and different types of disabilities tolerated by our combatants are very much. And compared to theses values we feel shy about the amount of social research activities that have been carried out in the field of sacred defense.
Strategy:
As for the strategies that will result in improvement of sacred defense literature in the field of social research if they become operational, we can refer to the followings: compiling national major program for conducting social researches about sacred defense, multidimensional and widespread support of researchers and thinkers and active people in this field, supporting private publishers, facilitating the access to related documents, establishing national library of war and sacred defense, cooperation and coordination between different related administrations, encouraging conducting group researches and intra field researches, welcoming scientific and impartial criticism regarding the performance of different administrations during the sacred defense, launching educational courses about sacred defense in universities, benefiting from scientific capacity and capability of universities- university theses in particular, respecting copy right and the compiling rights for the real creators of sacred defense books, suitable propagation, supporting forming and activities of associations of sacred defense researchers and pathology of published books.
In the international level, we should always remember the fact that medium of propagation and media are in hands of the powers that really started the fire of the imposed war. That is why the nations of the world usually receive partial, one side and unreal information about the imposed war of Iraq against Islamic Republic of Iran.
As a matter of fact, sacred defense literature has not become international. Translating the selected books in different festivals related to sacred defense into live languages of the world (At least English, French and Arabic) and distributing the published books suitably among different nations can be influential in improving public information and knowledge of the international society in the field of sacred defense.
Dr. Sayed Ghassem Zamani
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