Ministry of Foreign Affairs

Iran's Kanaani welcomes temporary ceasefire in Gaza

Nasser Kanaan welcomed the establishment of a temporary humanitarian ceasefire in Gaza,
considering it the first step toward completely halting the war crimes perpetrated by the usurping
and child-killing Zionist regime against Palestinian citizens, women, and children.

Nasser Kanaani, the spokesman for the Iranian Ministry of Foreign Affairs, welcomed the
establishment of a temporary humanitarian ceasefire in Gaza, considering it the first step toward
completely halting the war crimes perpetrated by the usurping and child-killing Zionist regime
against Palestinian citizens, women, and children.
He stated: "This development is the result of over 45 days of indescribable persistence by the
resilient people of Palestine, their historical struggle, the steadfastness of the resistance fighters
and a significant initial step toward victory."

Kanaani highlighted the ongoing efforts, initiatives, and diplomatic consultations by the Islamic
Republic of Iran with various regional and international parties to support the oppressed people
of Palestine and collaborate with friendly and like-minded countries to take immediate measures
to uphold and sustain the ceasefire fully, putting an end to the killing machine of the Zionist
regime and providing immediate relief to the displaced people of Gaza.

Kanaani stressed: "The Palestinian nation has proven its determination to shape its destiny and
homeland, both on the battlefield and in the political arena."
He emphasized that in response to any uncalculated, aggressive, and short-sighted plots or
actions by the usurping Zionist regime and its known supporters, the Palestinian people will
demonstrate an appropriate and decisive response.
https://en.mfa.gov.ir/portal/newsview/734581

The Legal Aspects of the Zionist Regime’s Crimes in the Recent Attacks on the Gaza Strip and
Other Parts of the Occupied Territories
Introduction:
In the recent onslaught on the Gaza Strip and other parts of the occupied territories, the Zionist
regime committed unprecedented crimes during its 75 years of occupation. Indiscriminate and
deliberate attacks against civilians, especially women and children, targeting journalists, aid
workers and other people who are under protection, civilian infrastructure including hospitals,
mosques, churches, schools, refugee camps, sites affiliated with the United Nations and other
international organizations, residential areas and ambulances are part of the crimes.
Meanwhile, the Zionist regime’s military forces have laid a complete siege on Gaza and prevent
the delivery of water, food, fuel, electricity and medical supplies. These actions are a flagrant
violation of international law, international humanitarian law and human rights.
Undoubtedly, one of the incentives for the occupying regime to commit such crimes on a large
scale is the impunity of those who order and perpetrate the crimes. As the occupying regime
feels immune due to the international community’s inaction and passivity, it has never ceased to
commit the gravest international crimes.
The following are proofs and issues presented in this regard:

1- Continuous Breach of the Palestinian People’s Right to Self-Determination

Article 1 of the United Nations Charter emphasizes the right of nations to self-determination.
Since its establishment, the Zionist regime has refused to implement UN resolutions, especially
Security Council and General Assembly resolutions on Palestinian rights. The Zionist regime has
openly violated Palestinian people’s right to determine their own fate and has prevented the
realization of the Palestinian cause by illegally occupying Palestinian lands, annexing them,
relocating its own population to the occupied lands, and looting the Palestinian natural resources.
Violation of the right to self-determination and exploitation of the occupied territories’ natural
resources invoke international as well as criminal responsibility.
Hence, supporting the people under colonization and occupation by third countries is legitimate.
On the other hand, assisting the occupying government is considered as a violation of the right to
self-determination.
It is worth mentioning that on December 14, 1990, the United Nations General Assembly
(UNGA) stressed the Palestinian people’s right to self-determination, and has emphasized on
“the legitimacy of the people’s struggle for independence, territorial integrity, national unity,
liberation from the colonial rule, apartheid, and foreign occupation by all available means,
including armed struggle”. Furthermore, the General Assembly has generally approved the use of
force in all cases where the right to self-determination is denied in a hostile manner.
From this perspective, the armed measures by the Palestinian resistance forces against the
occupying regime in October 2023 and before that were legitimate within the framework of the
right to self-determination of the people who have lived in the occupied territories for 75 years
under the toughest conditions due to the occupation, economic blockade, and the expansion of
illegal settlements.

2- Governments Committed Not to Recognize the Situation Caused by the Occupation

According to the established international rules of law, governments are committed not to
recognize the situations emanating from the violation of the mandatory rules of international law,
including grabbing land by force. Hence, governments have an obligation to refrain from
providing any material and spiritual support for the occupying regime and to avoid from taking
any measure that can stabilize the illegal and illegitimate state of occupation.
Undoubtedly, the governments that help, inspire, or encourage the occupying regime in the
continuation and consolidation of gross violations of international law, international
humanitarian law, and human rights are considered its accomplices and should internationally be
held accountable.

3- The Necessity of Abiding by International Humanitarian Law in Gaza

Governments are bound to abide by international humanitarian law and prevent its violation.
Article 1 of the Geneva Conventions states that “the Convention member states undertake to
comply with the provisions included in this Convention under any circumstances and guarantee
that they will abide by it.” Therefore, the least obligation on the part of the governments is not to
be a part of the violation of international humanitarian law. Even under certain circumstances,
opposing a ceasefire can be a breach of international humanitarian law.
Abiding by international humanitarian law is obligatory for everyone under all circumstances.
According to Article 1(4) of the Additional Protocol 1 to the Four Geneva Conventions of 1949,
the abovementioned protocol and the four Conventions, besides the situation of international
armed conflicts between two countries (Article 2),“include armed conflicts when nations seek to
reclaim their right to determine their own fate... they fight against colonial rule and foreign
occupation and against racist systems.”
The situations brought about by the violation of international humanitarian law are so important
for the international community at present that the International Court of Justice (ICJ) has
informed in an advisory opinion titled “the Legal Consequences of the Construction of a Wall in
the Occupied Palestinian Territory” (2004) that many of these rules have reached the level of
becoming legally binding. Undoubtedly, observing the principle of segregation and not targeting
civilians are among the rules that are not allowed to be violated under any circumstances. From
the legal perspective, deliberately targeting civilians cannot be justified.
This is despite the fact that the Zionist regime has continued its aggressive measures in flagrant
violation of international humanitarian law without paying attention to the established principles
of “necessity”, “proportionality”, “segregation” and “precaution”.

4- Legitimate Defense Is Irrelevant in the Attacks on Gaza

To justify the Zionist regime’s crimes and illegal actions in Gaza, the regime and its supporters
invoke the principle of legitimate defense under Article 51 of the United Nations Charter in an
unacceptable way. However, the ICJ has deemed citing this principle about the occupied
Palestinian territories as unjustified.
On the other hand, the right to self-determination has boosted the principle that bans resorting to
force. In other words, people who are subject to foreign occupation enjoy the right to
self-determination and can defend themselves against foreign occupation.
Therefore, it can be stated that the Zionist regime’s actions, besides violating Article 4(2) of the
United Nations Charter, violate the Palestinian people’s right to self-determination.

5- Committing War Crimes in the Occupied Territories

Official figures show that over 11,000 people have been martyred in Gaza, the majority of them
being women and children, during the five weeks since the raids began. Most of the hospitals and
health centers are out of service as a result of the Zionist regime’s strikes or lack of fuel. On
October 17, 2023, hundreds of people were killed in an attack on Al-Ahli Hospital. The number
of UN aid workers killed during this period cannot be compared to any other period in the UN
history. It is worth noting that the Zionist regime authorities have openly stated that “the
emphasis is on ensuring that the damage will happen not on the accuracy of the attacks”.
Furthermore, the Zionist regime has cut off the flow of water, food, electricity, fuel and medical
supplies to Gaza and does not allow delivery of aid to the ordinary people. Such moves are
considered collective punishment and are against the principles and rules of international law.
Article 54 of the First Additional Protocol to the Four Geneva Conventions prohibits the use of
food as a weapon. Meanwhile, the established rules of international humanitarian law explicitly
prohibit the prevention of delivery of humanitarian items to the civilian population. Such actions
are undoubtedly considered a war crime.
Targeting civilians, civilian property and areas, relief units and all criminal actions by the Zionist
regime in the occupied territories, only some of them mentioned above, are all a small part of the
war crimes listed in Articles 50, 51, 130, and 147 of the four Geneva Conventions and Articles
11 and 85 of the First Additional Protocol.

6- Crimes Against Humanity

The Zionist regime has forced relocation of the civilian population in Gaza and has plans for
their forced migration. Article 49 of the Fourth Geneva Convention and Article 17 of its Second
Additional Protocol absolutely prohibit such actions. This criminal move, which is widely and
systematically committed against the civilian population in Palestine, is considered a crime
against humanity. It is worth noting that the ordinary citizens who do not comply with the Zionist
regime’s demand for forced relocation are still subject to international support and do not lose
their civilian status.

7- The Crime of Genocide

The Zionist regime’s attacks have caused great suffering to the ordinary people and its
continuation has caused the annihilation of at least part of the Gaza population. According to the
Convention on the Prevention and Punishment of the Crime of Genocide, such attacks are a
deliberate move to eliminate a group of people, which is considered genocide.
It is worth noting that the Zionist regime authorities have, in a detestable way, termed the people
of Gaza as “animals” and declared that their goal is to “wipe out everything” and create
conditions like “hell”. Such remarks by the Zionist regime authorities indicate that their specific
goal is to commit the crime of genocide.

8- The Illegitimacy of the Nuclear Threat

The Zionist regime’s authorities have made threats that they will use nuclear weapons against the
people in Gaza. The advisory opinion of the ICJ says that threats to use nuclear weapons are
generally illegitimate and against the international community’s will, which is reflected in
numerous United Nations General Assembly (UNGA) resolutions. Such a threat by the Zionist
regime, which is committing a massive aggressive onslaught on Gaza for whom the concept of
legitimate defense cannot be applied due to its actions, is definitely illegal and is denounced
more than ever.
Meanwhile, the threat by high-ranking Zionist regime officials proves that the regime has nuclear
weapons, which is in violation of all proliferation principles and rules.

9- The Possibility of Internationally Suing the Crimes in International Courts

International crimes can be dealt with in the ICJ and the ICC. The ICJ is the authority that deals
with the crime of genocide and the crimes listed in Article 3 of the Convention on the Prevention
and Punishment of the Crime of Genocide. On the other hand, as the Palestinian government is a
member of the ICC statute, the aforementioned court has the authority to investigate international
crimes committed by the Zionist regime authorities and troops in the occupied territories. The
ICC prosecutor believes that the crimes committed by the Zionist regime in the current crisis is
under the jurisdiction of the court.

~The Islamic Republic of Iran’s Ministry of Foreign Affairs

https://en.mfa.gov.ir/portal/newsview/734685