The legal dimensions of the Zionist regime’s crimes in the recent attacks on Gaza and other occupied territories

According to the foreign policy group of Fars News Agency, the Ministry of Foreign Affairs of the Islamic Republic of Iran today (Wednesday) on the 1st of December and on the 47th day of the Zionist crimes in Gaza and the intensification of the siege of this area by the Zionist regime in In reaction to the al-Aqsa storm operation, Berghi discussed the legal dimensions of the crimes committed by the Zionist regime in the recent attacks on the Gaza Strip and other occupied territories. During the recent attacks on the Gaza Strip and other occupied territories, it has committed unprecedented crimes during its 75 years of occupation. Blind and deliberate attacks against civilians, especially women and children, targeting journalists, aid workers and other protected persons, civilian infrastructure including hospitals, mosques, churches, schools, refugee camps, centers affiliated to the United Nations and other international organizations. Residential buildings and ambulances are part of these crimes. In addition, the military forces of the Zionist regime have completely surrounded Gaza and do not allow the entry of water, food, fuel, electricity and medical items. These acts are a clear violation of international law, international humanitarian law and human rights.

In this statement, it is stated: Without a doubt, one of the incentives for the widespread commission of these crimes by the occupying regime Impunity is the perpetrators of crimes committed. Feeling immune to the inaction and passivity of the international community, the occupying regime has been continuously engaged in committing the most severe international crimes.

In this statement, the contents and documents are presented as follows:

1- Continuous violation of the Palestinian people’s right to self-determination

Article 1 of the United Nations Charter emphasizes the right of nations to self-determination. Since its establishment, the Zionist regime has refused to implement UN resolutions, especially Security Council and General Assembly resolutions related to Palestinian rights. By illegally occupying lands, annexing them, transferring its population to the occupied lands and plundering the natural resources of Palestine, the Zionist regime has grossly violated the right of the Palestinian people to determine their destiny and prevented the realization of the Palestinian cause. Violation of the right to self-determination and exploitation of the natural resources of the occupied land causes international responsibility as well as criminal responsibility.

As ​​a result, the support of third countries to the people under colonization and occupation is considered legitimate. On the other hand, helping the occupying government is known to be contrary to the right to self-determination. , “confirmed the legitimacy of the people’s struggle for independence, territorial integrity, national unity and freedom from colonial rule and apartheid and foreign occupation with all available means, including armed struggle.” In addition, the General Assembly has approved the use of force in general in all cases where the right to self-determination is forcibly denied.

From this point of view, The armed actions of the Palestinian resistance forces against the occupying regime in October 1402 and before that is a legitimate action within the framework of the right to self-determination of the people who, during 75 years, under the most difficult conditions caused by the occupation, economic blockade, and the development of illegal settlements in the occupied territories live.

2- Governments’ commitment to not recognize the situation caused by occupation

According to the rules of customary international law, governments are committed not to recognize situations caused by violations of the mandatory rules of international law, including the acquisition of land through force. Based on this, governments are committed to refrain from providing any material and moral assistance to the occupying regime and to avoid taking any action that stabilizes the illegal and illegitimate state of occupation.

Undoubtedly, the governments that help, encourage and encourage the occupying regime to continue and stabilize gross violations of international law, international humanitarian law and human rights, are considered its accomplices and have international responsibility.

3- The need to respect international humanitarian law in Gaza

Governments are committed to Respect international humanitarian law and prevent its violation. The joint article 1 of the Geneva Conventions states that “the member states of the Convention undertake to comply with the provisions of this Convention under any circumstances and to guarantee compliance with it”. In this way, the least obligation of governments is not to join in the violation of international humanitarian law. Even under such circumstances, opposing the ceasefire can be considered a violation of international humanitarian law.

Respecting international humanitarian law is mandatory for everyone in all circumstances. According to paragraph 4 of Article 1 of the First Additional Protocol to the Quadruple Conventions of Geneva in 1949, the said protocol and the Quadruple Conventions, in addition to the situation of international armed conflicts between two countries (common Article 2), “includes armed conflicts in which nations assert their right to self-determination Themselves… fight against colonial rule and foreign occupation and against racist systems.” The International Court of Justice in its advisory opinion “Legal Effects of Building a Barrier in the Occupied Lands” (2004) has stated that a large number of these rules have reached the level of mandatory rules. Undoubtedly, observing the principle of segregation and not targeting civilians are among the rules that are not allowed to be violated under any circumstances. From the legal point of view, the intentional targeting of civilians is unjustified.

This is while the aggressive actions of the Zionist regime, in gross violation of international humanitarian law and without regard to the customary principles of “necessity” “, “proportionality”, “separation” and “precaution” have been continued. In connection with the attacks on Gaza

The Zionist regime and its supporters in justifying the crimes committed and illegitimate actions in Gaza in an unacceptable way to the principle of legitimate defense under the article 51 of the United Nations Charter. This is despite the fact that the International Court of Justice has deemed the reference to this principle unjustified regarding the occupied Palestinian territories.

On the other hand, the right to self-determination strengthens the rule against resorting to force. has done. In other words, people under foreign occupation, while having the right to self-determination, can defend themselves against foreign occupation.

On this basis, it can be acknowledged that The actions of the Zionist regime, in addition to violating paragraph 2 of Article 4 of the United Nations Charter, violate the Palestinian people’s right to self-determination.

5- Committing war crimes in the occupied territories

Official statistics indicate that during five weeks after the attacks started, more than 11 thousand people Most of the martyrs in Gaza are children and women. Most of the hospitals and health centers are out of service as a result of the attacks of the Zionist regime or the lack of fuel. On October 25, 1402, an attack on Al-Ahli hospital led to the killing of hundreds of people. The number of UN aid workers killed during this period is unmatched by any other period in UN history. It is worth noting that the authorities of the Zionist regime have clearly stated that “the emphasis is on damage and not the accuracy of the attacks”. It cuts off medical supplies to Gaza and does not allow aid to ordinary people. Such actions are considered as collective punishment and are against the principles and rules of international law. Article 54 of the First Protocol to the Four Geneva Conventions, the use of food as a weapon has prohibited Also, the customary rules of international humanitarian law explicitly prohibit the delivery of humanitarian items to the civilian population. Such actions are undoubtedly considered a war crime.

Targeting civilians, civilian property and places, relief units and all criminal actions by the Zionist regime in the occupied territories, which are only some of them mentioned above. mentioned, they are all a small part of the war crimes listed in articles 50, 51, 130, and 147 of the four Geneva Conventions and articles 11 and 85 of the First Additional Protocol.

6- Crimes against humanity

The Zionist regime has forced the civilian population to relocate in Gaza. and has plans for their forced migration. Article 49 of the Fourth Geneva Convention and Article 17 of its Second Additional Protocol absolutely prohibit such actions. This criminal act, which is widely and systematically committed against the civilian population of Palestine, is considered a crime against humanity. It is worth mentioning that ordinary citizens who do not comply with the demands of the Zionist regime in forced relocation are still under international support and do not lose their civilian status.

7- The crime of genocide

The attacks of the Zionist regime have caused great suffering to ordinary people and its continuation has caused the destruction of at least It is part of the population of Gaza. According to the Convention on the Prevention and Punishment of Genocide, such attacks are a deliberate act to eliminate a group of people, which is considered genocide.

, the people of Gaza have called “animals” and declared their goal to “wipe out everything” and create conditions similar to “hell”. Such statements by the authorities of the Zionist regime show their specific intention to commit the crime of genocide. Nuclear

The authorities of the Zionist regime have threatened to use nuclear weapons against the people of Gaza. The advisory theory of the International Court of Justice considers the threat to use nuclear weapons to be generally illegitimate and against the will of the international community, which is reflected in numerous resolutions of the United Nations General Assembly. Such a threat by the Zionist regime, which is committing massive aggressive attacks on Gaza and the concept of legitimate defense does not apply to its actions, is certainly and doubly illegal and condemned.

Moreover, , the threat of the high officials of the Zionist regime proves that the regime has nuclear weapons against all the principles and rules of proliferation.

9- The possibility of international prosecution of crimes in international courts

International crimes can be tried in the International Court of Justice and the International Criminal Court. The International Court of Justice is the authority to deal with the crime of genocide and the crimes listed in Article 3 of the Convention on the Prohibition and Punishment of Genocide. On the other hand, due to the membership of the Palestinian government in the statute of the International Criminal Court, the aforementioned court has the jurisdiction to investigate international crimes committed by the authorities and forces of the Zionist regime in the occupied territories. The prosecutor of the International Criminal Court considers the crimes committed by the Zionist regime during the current crisis under the jurisdiction of the court.

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