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Publish date: Tuesday 21 January 2025
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create date : Tuesday, January 21, 2025 | 4:11 PM
publish date : Tuesday, January 21, 2025 | 4:09 PM
update date : Wednesday, January 29, 2025 | 4:57 PM

Non-compliance with humanitarian law ‘serious challenge’ facing world: Deputy FM

  • Non-compliance with humanitarian law ‘serious challenge’ facing world: Deputy FM

Deputy Foreign Minister for Legal and International Affairs Kazem Gharibabadi (C) attends a ceremony on the 75th anniversary of the adoption of the Geneva Conventions in Tehran on January 21, 2025.
 

HCHR_The ceremony commemorating the “75th anniversary of the ratification of the 1949 Geneva Conventions” was held at the Center for Political and International Studies of the Ministry of Foreign Affairs, with the presence of Kazem Gharibabadi, The Vice President for Legal and International Affairs of the Ministry of Foreign Affairs, Vincent Cassard, Head of the International Committee of the Red Cross in Iran, Pirhossein Kolivand, Head of the Red Crescent Society and Head of the National Committee for International Humanitarian Law, and Ahmad Reza Pourkhaghan, Head of the Judicial Organization of the Armed Forces and Deputy Head of the Judiciary.
 

Gharibabadi stated in this meeting: “I would first like to express my pleasure and honor to be present at the ceremony commemorating the 75th anniversary of the ratification of the Four Geneva Conventions, which are a precious heritage of humanity. Today, we are gathered here to commemorate the 75th anniversary of the ratification of the Four Geneva Conventions. These conventions are not only the foundation of international humanitarian law, but over the years, in some cases, they have also played a fundamental role in reducing human suffering during times of war and humanitarian crises”.
 

He added: “War as a sinister phenomenon has a history as old as the creation of human, meanwhile, the laws of war or the laws of armed conflicts are among the topics and issues that have been discussed and studied since the beginning of the formation of international law in order to adapt this bitter phenomenon to moral and human standards. Humanitarian law, by accepting the reality of this destructive phenomenon, plays a very decisive role in controlling and guiding armed conflicts in order to reduce suffering and respect for human dignity, protect civilians, prevent the destruction of property, limit the effects of war, and prosecute, try, and punish war criminals”.  

 

The international community today is faced with the non-compliance of the parties to international humanitarian law 

The Vice President for Legal and International Affairs of the Ministry of Foreign Affairs continued: “The annual UN reports on the protection of civilians show that armed conflicts continue to be accompanied by a high number of civilian deaths, injuries, displaced persons, disappearances, as well as the destruction and devastation of homes, schools, hospitals, and damage to civilian infrastructure. The protection of civilians requires a comprehensive approach to anticipate and mitigate such risks and suffering”. He added: “All efforts must be made to ensure that international humanitarian law is respected and that civilians and civilian objects are protected regardless of the scene of hostilities. The United Nations plays a vital role in compelling parties to the conflict to abide by their obligations and respect international humanitarian law. In addition, States must do more to ensure that international humanitarian law is respected. The 1949 Geneva Conventions and their Additional Protocols are thecornerstone of the legal framework for the protection of civilians and those not taking part in armed conflict”.

Pointing out that the four Geneva Conventions were in fact a response to human needs in critical situations of wars and conflicts, Gharibabadi emphasized: “These conventions, which were designed to preserve human dignity against the violence of war, allow the signatory countries to emphasize the fundamental principles of human rights even in the most complex situations”.

The Vice President for Legal and International Affairs of the Ministry of Foreign Affairs continued: “In addition to these cases, the International Court of Justice, in its 1996 advisory opinion on the "legality of the threat or use of nuclear weapons," emphasized two fundamental principles of international humanitarian law, namely the distinction between military and civilian populations and the prohibition of unnecessary suffering. The Court has clearly stated that countries should never target civilians and, as a result, should never use weapons that are unable to distinguish between civilian and military targets. Despite the binding nature of international humanitarian rules, the serious challenge facing the international community today is the failure of the parties to the conflict to adhere to these rules”.

Monitoring mechanisms for human rights violations must be strengthened

Gharibabadi reminded: “The Islamic Republic of Iran has always adhered to human and humanitarian principles and believes that any violation of these principles not only harms human rights, but also negatively affects global security and stability. In these years, we have witnessed numerous humanitarian crises in different parts of the world, in many of which there have been clear and brutal violations of humanitarian law, including against civilians and people affected by wars and conflicts. We believe that the full implementation of these conventions not only requires the political will of member states, but also requires strengthening monitoring mechanisms and responding to human rights violations at the global level”.

He also noted: “To build on the above efforts and better implement the provisions of the 1949 Geneva Conventions, I would like to inform you that a special working group has been formed in the Judiciary of the Islamic Republic of Iran to draft a new law with the aim of criminalizing the most heinous international crimes, including war crimes. The members of the said working group include high-ranking judges, prosecutors, and prominent university professors, as well as representatives of the Ministries of Foreign Affairs and Justice. After the bill is finalized, it will be submitted by the Council of Ministers to the Islamic Parliament for approval”. 

The Vice President for Legal and International Affairs of the Ministry of Foreign Affairs continued: “It is regrettable and concerning that in the West Asian region, including in the occupied Palestinian territories, the implementation of international humanitarian law is being severely violated. The most serious violation of international humanitarian law is the systematic inhumane and racist policies and practices of the Israeli regime in the occupied Palestinian territories. Genocide, famine, widespread killing of civilians, including children, women, and the elderly, destruction of hospitals and the health care system, attacks on mosques and churches, deliberate destruction of historical and cultural centers, attacks on international workers and journalists, destruction of residential homes, the destruction of forced and mass migration farms of the Palestinian people, and the continued aggression and usurpation of Palestinian lands through settlement construction, are just some of the crimes committed against the Palestinian people”. 

He added: “Indifference to these crimes is indifference to humanity and to its dignity and physical and mental integrity. This indifference will weaken and shake the foundations of international humanitarian law, which are the most moral and humane regulations of international life, and will cause other criminals to consider it as a license to justify any crime against innocent people in the future. All of the above is without taking into account the fact that the Israeli occupation regime has been blatantly violating its obligations as an occupying power, as stated in the Fourth Geneva Convention, for decades. This has been confirmed by various UN bodies, including its main judicial organ, the International Court of Justice, in its Advisory Opinion on the Separation Wall in 2004, as well as its most recent Advisory Opinion of July 19, 2024, on the legal consequences of Israeli policies and actions in the occupied Palestinian territories”.


 

The West's double standards in the field of human rights are clear and obvious

Gharibabadi stated: “The world is currently facing numerous complex and seemingly chronic challenges and tensions that the few efforts and limited movements that have been made are insufficient to resolve, because the factors that cause these crises act and progress more quickly. Hunger, famine, displacement, climate change and natural disasters such as floods, war, forced migration and asylum, armed conflicts, etc. are kinds of crisis that seem to have taken control of the world; they are occurring like dominoes in different regions of the world, and are considered interconnected links in a chain that threatens human life”.

He stated: “Some countries that claim to have specific strategies in various issues, resort to double standards to advance their programs in various fields, which leads to global instability and widespread violations of people's rights. These double standards are visible in all fields, but they are more obvious in the field of human rights and humanitarian rights”. 

The Vice President for Legal and International Affairs of the Ministry of Foreign Affairs concluded by saying: “While commemorating this important anniversary, we must also pay attention to the fact that all members of the conventions must adhere to their obligations and not only remain silent in the face of blatant violations of these principles, but also protect human rights against wars and hostilities through joint cooperation and the use of diplomatic and legal means. We also call on all members to take more effective steps with firm determination, solidarity, and cooperation to ensure compliance with humanitarian rights and to strive to preserve human dignity at all levels. We have a responsibility to ensure that no one is deprived of their fundamental rights in wars and crisis, and that perpetrators are held accountable for their actions”.