FARAAN: During the last two months 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, and the existence of the occupier has unabashedly challenged the validity of international systems. Amir Abdullahian, the Minister of Foreign Affairs of the Islamic Republic of Iran, by publishing a note on the government’s information base, addressed the legal dimensions of the Zionist regime’s attacks on Gaza and the implementation of the double policy by the West, and published an article titled “Obituary for Humanity” as follows:
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 dark room of politics. In the meantime, what is certain is the legitimate right of the oppressed Palestinian people to fight against an occupying regime. The starting point of the aggression 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 in a humane manner, according to their common article, all governments are not only obliged to comply with its rules, but 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 and 4 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 invaders. Today, the international community is witnessing the failure of international mechanisms. The mechanisms that were built 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.
