Amir Abdullahian: Hamas and Palestinian groups are considered national liberation movement

– International news – Tasnim News, the message of the Minister of Foreign Affairs was read to the conference on developments in Gaza from the perspective of international law.

Conference “Developments in Gaza from the perspective of international law” with the presence of Kazem Gharibabadi, Deputy of International Affairs and Human Rights of the Judiciary, Jalalzadeh Chairman Foreign Policy and National Security Commission of the Islamic Council, Tawakkul Habibzadeh, Head of the Center for Presidential International Law Affairs, and Elham Aminzadeh, Advisor to the Minister of Foreign Affairs at the Center for Political and International Studies of the Ministry of Foreign Affairs, and a number of university professors and senior experts of the Ministry of Foreign Affairs conducted today.

In this conference, the written message of Amir Abdullahian was read as follows:

Dear professors,

Any discussion about developments in Gaza since October 15, regardless of background 75 years of occupation and repression is completely incomplete and perfect. This is the point that my colleagues and I remind in the face of our Western counterparts who deliberately highlight the operation of Hamas on October 7 as an isolated incident and insist on inducing it to be the cause of Israel’s aggression in Gaza. The Palestinian crisis, as a tragedy that is truly a source of moral shame for the Western civilization that claims human rights and the rule of law, did not begin on October 7, but from 1948, the time of the establishment of the occupation regime and the day that the Palestinians rightly call “Nakbat Day”. Named started and has continued in an exponential manner and intensity.

With this description, we should start the legal discussion about the developments in Gaza with a short but necessary introduction about the nature of the parties to the conflict in terms of international law.

The conflict in Gaza has two sides on the surface, one side is a fake and illegitimate government that is the result of usurping and occupying the land of a nation and suppressing and killing them and forcing them to move. The other side is a nation that, despite all the pressures in the past 75 years, insists on maintaining and asserting its natural right to form an independent country on its entire motherland and for years A small part of his motherland, which is completely surrounded by the occupying force, resists removal and complete digestion in the digestion of the occupying regime.

This nation, which is deprived of the fundamental right to self-determination and is under apartheid at the same time, is Representatives, one of the most important of which is Hamas, are represented. In this way, Hamas and its other affiliated groups are also considered to be the exact and real examples of the “liberation movement” that fight for the right to self-determination of the Palestinian people and freedom from the yoke of occupation and apartheid. Keep in mind that the right to self-determination is recognized in the United Nations Charter, the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, and the International Court of Justice and other valid international documents. Also, let’s remember that according to Resolution No. 130/45 approved on December 14, 1990 by the General Assembly (United Nations), peoples under foreign rule, foreign occupation or apartheid have the right to fight for the right to self-determination by “all available means, including armed struggle”. do Therefore, the armed struggle against apartheid regimes is legitimate in international law. But in fact, the conflicts in Palestine cannot be considered between two sides. According to international law, the occupying party has nothing but duty. The concept of “right to legitimate defense” for the occupying regime is completely perverse. In terms of international law, the occupying party has no such right.

Therefore, the armed struggle of people under occupation to free themselves from occupation and gain the right to self-determination is (completely) legitimate according to international law, and there is no doubt about it. The position of international humanitarian law is also clear in this field, although according to protocol number one of the Geneva Conventions of 1949, armed struggles of national liberation movements are recognized as international armed conflict and subject to the rules of the law of war. >

Now With the above introduction in mind, I would like to list some points:

1-The struggle of the Palestinian people against the occupation is a legitimate and legal struggle. This legitimacy has two aspects. First, the armed struggle of the Palestinian people is against the occupation. Second, these campaigns are against a racist and apartheid system whose legitimacy is recognized in international law. Let’s keep in mind that apartheid of the Zionist regime is now a proven fact, which has been documented and substantiated by the relevant rapporteur of the Human Rights Council in his official report to the council, and is not a political or propaganda claim. span style=”color:#2c363a”>.

2- The Hamas movement and other Palestinian resistance groups, as representatives of the occupied Palestinian nation, are considered a national liberation movement, not a terrorist group. Let’s also keep in mind that Hamas is also the elected representative of the Palestinian people in Gaza, because in addition to representing their nation in the fight against the occupation, they have already been elected by the people of Gaza in a free election. color:#2c363a”>.

3- Gaza is practically in a state of complete occupation and siege, and the occupying party has specific duties and obligations according to international law. The occupying party is obliged to protect the people under occupation.

4- The Zionist attack on Gaza should be examined in the framework of international humanitarian law, specifically the Geneva Conventions of 1949 and Protocol No. 1 annexed thereto. The occupying party, and basically every party to the conflict, is obliged to observe the rules of the law of war, especially the principle of separation between military and civilian objectives. Violation of the laws of war constitutes a war crime and entails the criminal responsibility of the perpetrators and the international responsibility of the offending party.. /p>

5- The cases of flagrant violations of international humanitarian rights by the Zionist regime are so clear, numerous and continuous that it is very easy to recognize them even with the unarmed eye of a legal expert. Almost all classic examples of war crimes listed in Article 8 of the Statute of the International Criminal Court; It was committed in Gaza. The least that can be claimed with certainty is the commission of gross and severe violations of the provisions of the four Geneva Conventions of 1949, which amounts to the occurrence of countless war crimes in the Gaza Strip.

6-In addition, two other severe international crimes, namely crimes against humanity and genocide, can be confirmed in Gaza. The main targets of Israel’s indiscriminate, widespread and organized attacks in Gaza are civilians. This is in line with the definition of crimes against humanity according to Article 7 of the Statute of the International Criminal Court. In addition, Article 7 of the Statute of the International Criminal Court states that “apartheid” is one of the manifestations of a crime against humanity, and who does not confirm that the Israeli regime has established a repressive system based on racism and apartheid against the Palestinians for years. .

7-   On the other hand, considering the words and explicit positions of various officials of the Israeli regime regarding “not considering” the people of Gaza and interpretations Similarly, all of them imply the intention of the decision-makers and the intellectual and religious authorities of the regime to destroy the Palestinians, including by forcibly moving them out of Gaza, Applying “genocide” to Israel’s military operations in Gaza is completely logical and defensible. According to Article 6 of the Statute of the International Criminal Court, which is based on the 1948 Genocide Convention, the presence of specific malice “partial or total destruction of an ethnic, national, racial, religious group,…” is a condition for establishing the crime of genocide. Such an intention has been raised many times in different ways by the authorities of the regime. In the latest example, one of the cabinet ministers of the regime said about using an atomic bomb against Gaza, that it cannot have a result other than the destruction of all or most of the population of Gaza.

8- Thus, from the point of view of international law, the duty is clear. The attacks of the Zionist regime on Gaza definitely have all the elements of a “war crime” and at the same time it is quite possible to prove “crime against humanity” and even “genocide”. But the question is how to end the chronic “impunity” for the crimes of the Zionist regime? How can the International Criminal Court be encouraged to speed up the investigation of the crimes committed by the Israeli regime?

9-These questions should be answered with a regret It started violently. Expressing regret that the comprehensive support of the United States and some other Western countries to the Israeli regime has caused this regime to commit its crimes. America and other countries that support the regime are undoubtedly considered as “accomplices” of the regime in the crimes committed. The obligation of countries according to Article I of the 1949 Geneva Conventions to ensure compliance with international humanitarian law is clear. Also, countries have a legal obligation to prevent and combat genocide. America and European countries have both violated their obligations and unfortunately insist on this violation.

10-Despite the comprehensive support of America and some others Western countries should not be inaction against Israel, which is the main obstacle to making this regime accountable. It is necessary to use all international tools, including judicial and criminal and human rights, to explain the terrible dimensions of the crimes committed. As it has been emphasized in paragraph 8 of the resolution of the recent summit of the Organization of Islamic Cooperation, documenting the crimes of the Zionist regime in Gaza is a basic necessity. Documenting the crimes committed and identifying the perpetrators, supervisors and deputies in committing these crimes, in addition to being a necessary condition for any criminal proceedings in the future, can have a deterrent role in continuing to commit these crimes. Human rights mechanisms and institutions should also be used for this documentation.

11-Active support of America, Canada, Germany, England and some other human rights claimants from The Zionist regime has really scandalized the dual and hypocritical approach of the West in relation to human rights. This is very informative and instructive. It is necessary to hold a special or emergency meeting of the Human Rights Council as soon as possible, which should have been held a long time ago to investigate the dimensions of gross human rights violations in Gaza. Achieving this goal requires the unity of opinion of Islamic countries and making the non-alignment movement more active as a traditional supporter of liberation movements and especially the cause of Palestine.

Dear audience, respected professors,

Gaza test arena The efficiency and effectiveness of international law, especially international humanitarian law, and especially the system of criminal law and human rights, is to deal with criminal lawlessness. Regarding Palestine, the problem is not the lack of laws and regulations; Rather, the problem is caused by the active support of the Western powers on the part of the lawbreakers, which has made the international institutional mechanisms, including the Security Council, ineffective and has discredited the entirety of international law and international humanitarian law. In such a situation, we all have the duty to use our specialized knowledge and experience in the field of law and international relations to explain the obvious injustice that is going on against the oppressed Palestine and to know that these seemingly small steps definitely play an important role in the global pressure campaign. against the occupying regime to stop the crime and to push the international community to hold this regime accountable for the long-term occupation and repression and killing of Palestinians..

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