The Islamic Revolution Approach

The Islamic Revolution Approach

State Obligations of the Islamic Republic of Iran toward the Fundamental Rights of Residents in War-Affected Areas Resulting from Landmines and Explosive Remnants of War

Document Type : Original Article

Authors
Sayyedeh Fatemeh Ojagh 1
Reza Tajarlou 2
Ahmad Momeni Rad 3
1 Ph.D. Student in Public Law, University of Tehran, Alborz Campus, Tehran, Iran
2 Assistant Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3 Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Landmines and explosive remnants of war (ERW) remain among the most persistent threats to human security, public health, and sustainable development in Iran’s post-war regions, particularly in the western and southwestern border provinces. This article examines the legal, institutional, and human rights dimensions of landmine contamination in Iran and analyzes the obligations of the Islamic Republic of Iran toward the fundamental rights of affected populations within the framework of public law and international human rights. The central research question asks how landmines have impacted the fundamental rights of victims in Iran and what legal obligations the Iranian state bears in addressing these consequences. The study hypothesizes that mine action constitutes not only a humanitarian necessity but also a binding legal obligation derived from constitutional principles, international human rights treaties, and customary international law, regardless of Iran’s non-accession to certain mine-related conventions. Employing a descriptive–analytical methodology based on legal documents, international reports, and empirical studies, the findings reveal significant physical, psychological, socio-economic, and environmental harms, alongside notable legal and institutional gaps in victim assistance, mine clearance, and governmental accountability.
Introduction
Landmines and explosive remnants of war represent one of the most enduring legacies of armed conflict, posing long-term threats to civilian populations long after hostilities have ceased. Unlike conventional weapons whose effects are temporally limited, landmines remain active for decades, continuing to cause death, injury, displacement, and socio-economic disruption. In the Islamic Republic of Iran, the eight-year Iran–Iraq War left vast areas of the western and southwestern border regions contaminated with landmines, a condition that continues to affect provinces such as Ilam, Kermanshah, Khuzestan, Kurdistan, and West Azerbaijan. These remnants of war have generated sustained violations of fundamental rights, including the rights to life, health, security, livelihood, and a healthy environment. This article seeks to situate mine action within the broader framework of public law and human rights, arguing that state responsibility extends beyond technical clearance operations to encompass comprehensive legal and institutional obligations toward affected populations.
Materials and Methods
The study adopts a descriptive–analytical legal methodology. Primary sources include the Constitution of the Islamic Republic of Iran, relevant domestic laws, and international legal instruments such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. Secondary sources consist of scholarly legal analyses, reports by international organizations such as the ICRC, UNMAS, GICHD, and Landmine Monitor, as well as empirical public health studies conducted in mine-affected Iranian provinces. The analytical framework is grounded in the tripartite typology of state obligations—respect, protect, and fulfill—which allows for a systematic assessment of Iran’s duties in relation to landmine contamination and its consequences.
Discussion
The findings demonstrate that landmine contamination in Iran produces multifaceted harms. Beyond immediate physical injuries and fatalities, landmines generate long-term psychological trauma, economic deprivation, forced migration, and environmental degradation. These impacts directly implicate constitutionally protected rights, including the right to life and security (Article 22), the right to health and social security (Article 29), and the right to a healthy environment (Article 50). From a human rights perspective, the continued presence of landmines constitutes a structural threat to human dignity and equality, disproportionately affecting marginalized border communities.
Although Iran has not acceded to the Ottawa Convention banning anti-personnel mines, the analysis shows that this non-accession does not absolve the state of legal responsibility. Customary international humanitarian law, together with binding human rights treaties ratified by Iran, imposes obligations to prevent foreseeable threats to life, provide medical care and rehabilitation to victims, and adopt positive measures to ensure public safety. The Convention on the Rights of Persons with Disabilities further reinforces the duty to provide comprehensive rehabilitation, social inclusion, and access to justice for landmine survivors.
Institutionally, the study identifies significant shortcomings. While bodies such as the Iran Mine Action Center and various military and civilian agencies are involved in clearance and risk management, the absence of a comprehensive national mine action law has resulted in fragmented governance, limited transparency, and weak accountability mechanisms. Victim assistance remains dispersed across multiple institutions without an integrated framework for compensation, rehabilitation, and social reintegration. Moreover, limited engagement with civil society and international mine action actors has constrained access to technical expertise and external oversight.
Conclusion
This research concludes that mine action in Iran must be understood as a core obligation of public law rather than a discretionary humanitarian activity. The Iranian state bears a duty to respect fundamental rights by avoiding policies that perpetuate landmine risks, to protect citizens by regulating and supervising all actors involved in mine clearance and development activities, and to fulfill rights through proactive measures such as systematic clearance, victim assistance, public education, and environmental rehabilitation. Addressing existing legal and institutional gaps requires the adoption of a comprehensive national mine action law, the establishment of independent and transparent oversight mechanisms, enhanced access to justice and compensation for victims, and consideration of accession to relevant international conventions. Only through a rights-based, accountable, and integrated approach can Iran effectively mitigate the long-term human and social costs of landmines and uphold the dignity and security of affected populations.
Keywords
Landmines
Explosive remnants of war
Fundamental rights
Right to life
Right to health
Environmental rights
State obligations
Iran
Public law
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