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Necessity of separating war from crime in occupied Palestine

Mohsen Pakaein is a senior diplomat and former ambassador of the Islamic Republic of Iran to Zambia, Uzbekistan, Thailand, and the Republic of Azerbaijan

There is no doubt that the Palestinians' actions were a defense of their inherent and inalienable rights, a logical response to the repeated crimes of the Zionists, and therefore received support from people around the world, especially in the Islamic community. 

As casualties in the occupied territories increase and the battlefield weaknesses of the Israeli regime become evident, the regime escalates its crimes by targeting defenseless civilians and civilian centers in Gaza. According to the Geneva Conventions ratified in 1949 and their additional protocols approved in 1977, civilians and non-combatants should never be attacked under any circumstances and deserve protection from governments and international organizations, including the United Nations Security Council.

In international standards, it is vital to distinguish between war and crime. Engagement in conflict on the battlefield is termed "war" while attacking innocent civilians is considered a "crime". The United Nations Security Council and international organizations have an obligation to make this distinction and prevent violations of international regulations by condemning the Israeli regime.

The concept of "separating war from crime" was also emphasized by Ayatollah Seyyed Ali Khamenei, then the president of Iran, during the imposed war of 1980-88, given Saddam's attacks on civilian areas and people.

He underscored differentiating "war" as a military conflict on the field and viewing assaults on civilians and civilian areas as a "crime".

In an interview, he stated: "War has its own rules, just like other common issues, and the two sides of the war, who are enemies of each other, have always considered themselves obliged to follow these rules, even in the old wars. That is when two armies were fighting each other, they considered themselves obliged to remove each other from the field and if necessary to kill the forces of the other side, but everywhere and always and in the eyes of most people, Cutting off the eyes or nose and ears of someone who has been killed, or killing women and children, as well as killing doctors and, for example, latecomers, is a prohibited and reprehensible act, and therefore the laws of war are not specific to our time and the people of the world even when they reach this level. They did not achieve the current civilization, they had rules to fight with their own enemy."

All evidence indicates that in the recent conflict between the Palestinian people and the occupying Israeli regime, the principle of not attacking defenseless people and residential areas was violated. The Zionist army targeted and violated civilians, including the residents of a Palestinian tower. Simultaneously, based on universally recognized international standards and fundamental principles of international law, the Palestinian people's defense of their occupied land is a natural and legitimate right.

The concept of "separating war from crime" is grounded in rationality and humanity, aligning with international standards and regulations. Presently, international institutions like the United Nations, the Organization of Islamic Cooperation, the Non-Aligned Movement, etc., must denounce the crimes perpetrated by the Zionist regime, condemn their attacks on civilian areas and defenseless people in Palestine, and demand an end to such offenses.

In this pursuit, responsible institutions in the Islamic Republic of Iran, including the Ministry of Foreign Affairs and the Human Rights Headquarters of the Judiciary, should take a leading role. Furthermore, countries worldwide, particularly members of the resistance axis, must actively intervene to halt the Zionist regime's ongoing crimes by taking necessary measures.

  • Mohsen Pakaein is a senior diplomat and former ambassador of the Islamic Republic of Iran to Zambia, Uzbekistan, Thailand, and the Republic of Azerbaijan

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