The Legitimacy of the State in Contemporary International Law with a Case Study of Yemen and Afghanistan

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran

2 Professor of International Law, Islamic Azad University, Karaj, Iran

3 Department of Law and Political Science, Karaj Branch, Islamic Azad University, Karaj, Iran

Abstract

The root of legitimacy must be sought in the political sciences, and since international law is closely related to this science, and especially international relations, the legitimacy of the state will inevitably emerge in international law. There are various theories on the indicators and criteria of government legitimacy in contemporary international law and on what basis they are based. Sometimes the legitimacy of the government intersects with the rights of the people, in which case identifying the criteria for the legitimacy of the government seems very complicated, including civil war in countries. The extent to which the government relies on the element of legitimacy will be at odds with issues such as the right to self-determination and humanitarian law. In countries such as Afghanistan and Yemen, there are militant groups and armed activities and struggles against the ruling government that the ruling governments, based on legitimacy, deal with them militarily and suppress them, or the ruling governments or groups. Insurgent groups seek help from other countries and invite them to intervene in the internal affairs of that country. The question now is, where does the legitimacy of such governments come from and is it compatible with contemporary international law?

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 769-801

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