According to the report of the Communication and Information Center of the Deputy for International Affairs of the Judiciary and the High Council for Human Rights (HCHR), Kazem Gharibabadi, the Vice-President of the Judiciary for International Affairs and the Secretary-General of the High Council for Human Rights, in a conference on "Gaza developments from the perspective of International Law" elaborated on the legal dimensions of the crimes of the Zionist apartheid regime in the Gaza war and how to pursue these crimes in foreign and domestic courts. The conference was held in the office of political and international studies of the Ministry of Foreign Affairs, and attended by eminent experts and lawyers.
Pointing out that the oppressed Palestinian people these days need practical measures such as sending humanitarian aid, stopping the bombings and legal and judicial follow-up of these crimes, Gharibabadi added: “During the past 47 days, the intelligence, military and security forces of the Zionist apartheid regime have completely fallen apart and this regime has not made any strategic achievements”.
He continued: “The Zionist regime had put two basic strategies in its agenda. First was the complete destruction of Hamas and the second was the evacuation of the Gaza Strip and taking full control of it. It succeeded in none, although unfortunately it caused heavy losses to the innocent people of Gaza and civilians”.
The Secretary-General of the HCHR noted: “The new round of resistance that started on October 7 is not a new development. Crimes in the occupied territories have started even before 1948. So far, more than 7 million Palestinians have been displaced, more than 100,000 people have been martyred before 7th of October during 75 years and more than several hundred thousand people have been injured. The Zionist regime has carried out more than 3000 assassination operations and more than thousands of killing operations”.
Referring to the statistics of Palestinian prisoners, Gharib Abadi said: “There are more than 7,000 Palestinian prisoners and hostages in Zionist prisons, some of whom are sentenced to 300 years in prison, and 200 of them are women and children. Accordingly, the Palestinian people have the right to self-defense and this right is recognized for them in International Law. Since it’s been a chronic case and did not simply start on October 7, the right to self-defense cannot be recognized for the Zionist regime. The situation in occupied Palestine is aggression and occupation, and the Palestinian people are constantly resisting”.
Referring to the role of the United States regime in supporting the Zionist regime, Gharibabadi stated: “The occupying regime is not alone in committing its crimes, and the United States regime is considered a party to the aggression in this matter. The US and some western countries provided all kinds of political and diplomatic, military, logistical and financial support to the occupying regime. Here, the responsibility for killing lies with the Zionist regime and their supporters, and this should be considered in legal proceedings”.
The Secretary-General of the HCHR noted: “In the case of Al-Aqsa storm, we witnessed all kinds of crimes, including war crimes, crimes against humanity, genocide and ethnic and racial cleansing, from the very first days. Attacking civilian places such as residential places, hospitals, educational places, religious places; the complete siege of the Gaza Strip and preventing the fuel, energy, medicine, water, electricity and food; forced transfer of people from the north of the Gaza Strip; and the use of prohibited weapons, are all indicators of international criminal acts committed by this regime”.
He stated: “The important thing that happened in this round of crimes is the acknowledgment of the authorities of this occupying regime to commit these crimes. In the first days, the defense minister of the Zionist regime ordered to cut off water, fuel and electricity in Gaza. Just in the same way, another high-ranking official of this regime said that what the people of Gaza need is not water and medicine, but is bombing”. He added: “Why do they admit their crimes so openly? Isn’t it for the fact that they’re sure about receiving comprehensive support of the US and the West and the silence of International Organizations against these crimes?!”
Referring to the widespread violation by the Zionist regime of the three principles of “distinction between civilians and combatants”, “proportionality” and “necessity” in the framework of International Humanitarian Law, Gharibabadi emphasized: “The main provisions of International Humanitarian Law, International Criminal Law and International Human Rights Law have been violated by the apartheid regime. They have left no credibility for International Law, International Treaties and International Organizations. The right to life is the most important human right that has been completely violated by the Zionist regime by killing 13 thousand innocent people, mostly women and children”. He added: “What have the relevant International Organizations done?! Last year, in the midst of riots in the Islamic Republic of Iran, the western claimant countries held an urgent meeting of the Human Rights Council and appointed a Fact-Finding Mission for the Islamic Republic of Iran by issuing a resolution, while the government acted very responsibly. However, with more than 45,000 people martyred and injured in Gaza, human rights mechanisms haven’t taken any action!”
He continued: “People who rely on International Organizations and Human Rights Mechanisms should know that these mechanisms are not to ensure the security, peace and stability of the people and the realization of their rights, but a means for some certain countries to achieve their interests. Two key organizations, the Security Council and the Human Rights Council, have remained unable in dealing with the issue of Gaza and have failed to fulfill their responsibilities.”
Presenting a proposal regarding the follow-up of the crimes of the Zionist regime, the Secretary-General of the HCHR said: "This round of crimes will end sooner or later, but it is very important to deal with the impunity of the Zionist regime, and this cannot be achieved except through legal and judicial work." Several cases in national and international courts should be filed against this regime. Litigation in international courts is the work of governments. Litigation in national courts is the work of victims and their lawyers.”
He further said: “A network of lawyers defending Palestine should be formed. Lawyers in some countries, such as Turkey and France, have formed networks to file lawsuits, and in Iran, our lawyers must do the same. The principle of universal jurisdiction accepted by some countries also provides an opportunity to file lawsuits against Zionist criminals before the courts of those countries. Numerous cases must be filed in a range of countries and lawyers and jurists play a key role in this process. On the other hand, the case in the International Criminal Court should also be activated through the pressure by lawyers and jurists. The Zionist regime is a member of the Genocide Convention and the Convention on the Elimination of All Forms of Racial Discrimination, and it is possible to file lawsuits against this regime, including in the International Court of Justice, so it is necessary to consult diplomatically with other countries so that these lawsuits can be filed.”
The Vice-President of the Judiciary for International Affairs also said: “The crimes are so widespread that the international public opinion started to protest on the streets, due to the inaction of their governments”. He added: “In this case, some non-Islamic countries also cut off their relations with the Zionist regime and filed a lawsuit in the International Criminal Court. In the follow-ups, the focus should not be only on Islamic countries, but also on countries that demand the implementation of justice.”
In the end, while referring to the crucial role of the Ministry of Foreign Affairs in consulting with the countries, Gharibabadi said: “In relation to the countries, we should encourage them to file a case against the Zionist regime. We must take serious measures within the framework of Islamic countries and must use every opportunity against the Zionist regime. If it is not possible to take practical action within the framework of all Islamic countries, measures such as boycotting the regime, breaking relations and legal and judicial action should be pursued with interested countries. If these measures are formed, we can enclose the Zionist regime in a chain of legal measures. Our focus should be on legal work and action.