During the 48 days of the Zionist regime's invasion of Gaza, the legal status and moral validity of the rules of international humanitarian law were subjected to a serious test. The existence of the occupying regime has unabashedly challenged the validity of international systems. In such a situation, how can the international community demand the application of the rules of international humanitarian law, while the Zionist authorities, with statements such as animal-like man, speak of the negation of the human essence or cast doubt on the humanity of the Palestinian man?! Yes, when humanity is sacrificed in the slaughterhouse of politics, the human race should be mourned first of all!
It is clear that the events of October 7, 2023, did not take place in a vacuum. The sinister phenomenon of the Zionist regime has been committing crimes and stabilizing the occupation since 1948. Many of these crimes have been lost in the pages of history, and many have been forgotten in the darkroom of politics.
Meanwhile, what is certain is the legitimate right of the oppressed Palestinian people to fight against an occupying regime. The starting point of the invasion goes back to 1948 and the beginning of the occupation of the Zionist regime. In international law, there is no such thing as defense against legitimate defense. It is clear that one should not fall into the trap of this deceptive fallacy. What is happening in Gaza is actually the continuation of the crimes of an occupying regime. However, the October 7 operation is not only a result of the inherent right to self-determination but also a legitimate reaction to the years of occupation by the Zionist regime. In strategic terms, the heroic operation of the Islamic resistance has shattered the Zionist regime's false hegemony and its myth of invincibility and has made this fake regime face multi-layered crises from within.
The four Geneva Conventions of 1949 are considered as the extract of the historical effort of mankind to regulate armed conflicts humanely; according to their common article, all governments are not only obliged to comply with its rules, but they must also ensure that others comply with them. Despite this, more than 20,000 people have been killed so far, 70% of whom are children and women. Four times this number have also been injured. This number is increasing every day in Palestine, and the international community is still shocked by the repeated violation of humanitarian principles.
In such a situation, it may not be possible to talk about the principle of necessity and proportionality because these principles are related to when there is a legitimate goal. However, the conflict in Gaza and the West Bank of Palestine is basically an illegal war. In this regard, the principle of separation of military and civilian places can be applied, which has been violated in the worst possible way. Hospitals and medical centers, which are supposed to help the wounded, became the main targets of the attacks. In fact, the entire population of 2.3 million and every child, woman, and man of the Gaza Strip were subjected to indiscriminate attacks by the occupiers.
Today, the international community is witnessing the failure of international mechanisms; the mechanisms that were created by insisting on the order of the United Nations Charter and to achieve international peace and security have been exposed to collapse. Human principles, which were regulated in the form of international humanitarian law, are being violated one by one. The ups and downs path of 70 years that the United Nations had traveled for international coexistence is being measured with modern savagery! If international mechanisms such as the responsibility to protect and humanitarian interventions are to be used, the exact time to use them is now.
In the conflict against the oppressed people of Gaza, it is not a question of which of the criminal titles of Article 8 of the Statute of the International Criminal Court under the subject of war crimes has occurred. Still, the more precise question is, which of those 50 cases has not been committed so far?! In addition, targeted genocide as a procedural crime and racism as a continuous crime should also be considered by the International Criminal Court.
The supporting pillars and supporting states of this regime should not be overlooked. Supporting the Zionist regime is actually supporting the continued violation of customary rules (jus cogens) of international law. Exporting weapons and intentionally hindering the achievement of a lasting ceasefire in Gaza is a concrete example of Article 25 of the Statute of the International Criminal Court and is subject to incitement to genocide.
According to the 1948 Convention on the Prohibition of Genocide, the United States and the European Troika (European group) are committed to preventing the occurrence of genocide, while in the war in Gaza, they have become one of the elements of facilitating the crime, or more precisely, accomplices in the crime.
Politicization and adoption of double standards is a scourge that plagues international regulatory institutions. Since 2015, Palestine has joined the Statute of the International Criminal Court. Naturally, the crimes committed in its territory are under the jurisdiction of the Court. How is it that the prosecutor of the International Criminal Court appears in that country immediately, 24 hours after the beginning of the crisis in Ukraine, and forms the largest investigation team to examine the possible dimensions of the incident? After a month has passed, and that too due to the pressure of public opinion, they are present at the Rafah border crossing not to condole with the oppressed people of Palestine but to sympathize with the families of the Zionist victims?! How is it that after the Ukraine issue, 34 mostly European countries filed a request for a third party in the case of Ukraine against Russia in the International Court of Justice, but in the genocide of the occupying regime, they all fell into deathly silence? How is it that Western societies launch sanctions campaigns for the violation of much less important standards of human rights, but about the forced migration and ethnic cleansing of the Palestinian people, tongues get stuck?! How is it that the head of the foreign policy of the European Union claims that he has no legal knowledge while recognizing the crimes of the Zionist regime as war crimes, but he comments on the legitimate struggle of the Palestinian people in the capacity of an experienced international lawyer?!
Actions like this have offended the international collective conscience. The world community has lost its resilience in the face of these shocking and shameful contradictions, and today, the public opinion of the world has come directly to the scene.
Demonstrations of several thousand people in all corners of the world, including in America and Europe, which have been and will be held against the child-killing Zionist regime, a clear proof of the hurt of human emotions. Therefore, the crimes committed in Gaza should not go unpunished. Perhaps the main reason for the recklessness of the Zionist regime in the 48 days of attacks and crimes against Gaza is this long-term impunity that has been achieved under the comprehensive support of America and some European governments. The pressure of public opinion proved that international issues can be resolved regardless of the political will of Western statesmen. Public demands should be continued in connection with holding the Zionist regime and its supporters accountable. It followed widespread outrage to ensure the prosecution of regime officials.
In this regard, the Islamic Republic of Iran, within the framework of its principled approach and active activism to stop the aggression of the Zionist regime against the Palestinian nation, has held continuous consultations at various levels with many countries, especially Islamic governments. The immediate and unconditional cessation of the killing of the people of Gaza and the immediate delivery of humanitarian aid have been the priorities of the follow-up at this time. The honorable president's letter to the leaders of 50 countries, his participation in the summit of the Organization of Islamic Cooperation, the virtual meeting of BRICS leaders, my participation in the meeting of the executive committee of the Organization of Islamic Cooperation, more than 50 telephone consultations with foreign ministers of different countries, regional trips to the countries of Iraq, Lebanon, Syria, Qatar, Turkey, etc., participation in the United Nations General Assembly session in New York and the Geneva session, as well as demanding an economic and commercial sanction on the Zionist regime have been on the agenda of the diplomatic agency. These efforts will continue to end the Zionist regime's aggression and right-killing and lay the groundwork for realizing the right to determine the fate of the oppressed but powerful Palestinian nation.
We believe that the future belongs to the Palestinian people and that the occupying regime and its Western supporters will submit to the iron will of the Palestinian people.
Hossein Amir-Abdollahian, Minister of Foreign Affairs
(The opinions expressed are those of the authors and do not purport to reflect the opinions or views of the IPIS)