Zionist Regime Violation of International Human Rights and Humanitarian Law Following the October 7, 2023 Hostilities (Point Of View)

Document Type : View Point/Perspective/Opinion

Author

Associate Professor, International Law Department, Faculty of Law, University of Qom, Qom, Iran

Abstract

According to the official member-state status of the Zionist regime to the four Geneva Conventions of 1949, the continuous and non-segregated attacks by the armed forces of the Zionist regime on the residential areas of Gaza since October 7 have been considered a gross violation of international humanitarian law. Additionally, according to the customary nature of the rules and regulations of international humanitarian law, the Zionist regime cannot evade international responsibility as an occupying power by referring to not being a member state to the first and second additional protocols and declaring the intention to leave its position as an occupying power since 2005. In its recent armed attacks against Gaza, the Zionist regime has actually committed a diverse range of violations of the fundamental rules of international humanitarian law, including hospital demolition, educational and cultural centers and urban infrastructure destruction, uncritical attacks on the residential areas of Gaza and massacre of about 21,000 people out of 2,300,000 of Gaza population. Then eventually, committed genocide, war crimes and crimes against humanity by expelling people and announcing the intention to displace them, on a large scale. Based on these facts, it is possible to consider the criminal responsibility of the commanders, perpetrators and leaders of the recent war in Gaza due to the clear violation of these basic principles and rules and prosecute and try them according to Article 8 of the Statute of the International Criminal Court. Furthermore, Palestine's membership in the International Criminal Court has established the court’s jurisdiction over these crimes. This article aims to explain the recent events in Gaza, the reaction of international organizations and finally, the analysis of the events that have occurred.

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