The Middle East Crisis from the Perspective of International Law

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Social Democrat and Laical Republicans of Iran (National Cohesion)

The concept of “united nations” or a union of nations is valid as long as its relationship with “united states” remains as dialectical.

In the eighteenth century, the United Nations emerged with a claim of “unity of nations.” But with the loss of political significance, the dialectical element disappeared. For most people, the concept of organizing globally has no other meaning but that of utopia and total depoliticization.

Adhering to this assumption it was always expected that all the governments of the world indiscriminately would be granted membership to that organization, which would, wih maximum velocity, become global. It was also believed that this global coverage in any form or shape must necessarily be accompanied by total depoliticization.

On the other hand, the international responsibilities of states, in addition to three branches of government, include handling situations where states  incite wars, hence, the existence of an indisputable principle in the international law, called “responsibilities of states”.

The United Nations Security Council is one of the pillars of the United Nations, which is responsible for safeguarding international security and peace.According to the first principle of the UN Charter, the powers of the Security Council include the deployment of peacekeepers, the imposition of international sanctions and the authorization of military force use against hostile countries.

In particular, the International Criminal Court, which is one of the most important international judicial organizations and, like its predecessors, the Tokyo, Nuremberg tribunals and special criminal courts in cases involving genocide, crimes against humanity,and war crimes, where national courts are unable or unwilling to try to enter, acts as a court and in the case in point,i.e., the Israel Gaza conflict should do the same.

The longest article in the jurisdiction of the International Criminal Court is Article 8, entitled “War Crimes”. War crimes are without a doubt the oldest group of four international crimes. 

In international law, the basis of these four categories of crimes is the regulations annexed to Hague Convention IV of 1907.War crimes are violations of the laws and ethics of war,e.g., cases including but not limited to the murder, ill-treatment or deportation of civilians from or … in the occupied territories for forced labor or for any other purpose.

In view of the existing facts, Social Democrat and Laical Republicans of Iran (National Cohesion) believe that, given the legal status of the United Nations Security Council as a legislature,in Israel Gaza conflict it can and should take action on the followings:

1.Taking immediate legal action in accordance with its mandate under the UN Charter, including declaration of ceasefire between the two sides at war to prevent further killings and casualties.

2. Protecting civilian forces, especially women and children, and in this case Israel should take “more responsibility” for the efforts to stop civilian casualties;

3. Sending peacekeeping forces to war zones.

4. Observing the ethics and laws of war, and stopping the unacceptable attacks. 

5. Permitting the use of military force against hostile countries in accordance with the first principle of the Charter for the purpose of the establishment of international security and peace.

Further important relevant actions and points to consider:

1. The international community must make every effort to stop the conflict in the Gaza Strip. Additionally, it must give the necessary signals to the parties involved and demonstrate that defusing the situation depends on their ability to reach an agreement, and also would take immediate action to assist the two sides in reaching a common understanding and putting an end to the conflict.

2. Israel,furthermore, should be held responsible to provide reasons for targeting and endangering journalists and aid workers, and in particular, to furnish documentary evidence of the attack on the Al-Jalaa Tower, which housed some press offices in Gaza.

3. Until a relative stability and agreement from top to bottom and vice versa is not achieved, the crisis in the Middle East would spread, and at any moment, this situation may take on new dimensions and the breeding ground for instability would continue its functions. Needless to say, the current situation of the two sides, in addition to the long history of numerous agreements signed between Palestine and Israel, has witnessed the Trump administration’s permission to declare Jerusalem as the capital of Israel.

4. Let us not forget, however, the IRI’s different acts in the regionm, such as fueling the fires of war in Palestine and Israel, its indirect presence in the proxy war in Syria, its terrorist operations in Lebanon, Yemen, and endangering the relationship with Saudi Arabia.

5.The Islamic regime’s purpose  was to guage Israel’s capabilities in the event of a more direct and indirect war and to test its own ability to attack the “Iron Dome”.

6. The Islamic regime is willing to use this crisis to pressurize the West in the context of the JCPOA talks in Vienna to gain more concessions.

Nayreh Ansari, JD, attorney, international law jurist and human rights activist, chairman of the legal commission of  Social Democrat and Laical  Republicans of Iran (National Cohesion)

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