نشریه دولت و حقوق
سال چهارم شماره 4 (پیاپی 14، زمستان 1402)

On July 9, 2004, the International Court of Justice issued an advisory opinion concerning the construction of a wall in the occupied Palestinian territories. The court by determining the rules and principles of International law rendered its advisory opinion the construction of the wall is illegal. Although, Israel was under an obligation to terminate its breaches of international law, the Israeli occupation regime started to construct several more walls, including the construction of the wall in Gaza. Therefore, Considering the violation of the fundamental rules of international humanitarian law and human rights on a very wide level by the Israeli regime in the Gaza conflict after October 7, 2023, it is important to reread the advisory opinion of the court. The purpose of this article is to examine the dimensions of humanitarian rights and human rights in the advisory opinion of ICJ. Hence, by emphasizing the status of the Gaza Strip as an occupied territory and the violation of the rules of occupation due to the large-scale crimes committed by the occupying regime of Israel in the 2023- 2024 conflict in Gaza, it is of paramount importance to regard  the negative psychological and human consequences of the construction of the wall in Gaza caused by the violation of human rights in this region. For this issue has been effective in the attack of Hamas on Israeli positions.

The range of damage caused by environmental crime due to armed conflicts is so wide that it cannot be compared with environmental destruction due to development and industrial approaches or green crime. The environment of Palestine and especially Gaza has not been spared from this historical event and has always faced serious challenges by the Zionist regime in the past decades. The widespread environmental damage caused by the air and ground attacks of the Zionist regime on Gaza in 2023 raises the question of whether it can be considered a war crime in the light of international law. In response, it should be stated that although until now no documentary report of environmental events and crimes has been published due to the restrictive measures of the Zionist regime in the entry of international observers to Gaza, but what can be seen in the news is that some of the behaviors of the Zionist army, such as the destruction of safe drinking water sources, starving the environment of citizens and the use of white phosphorus, can be considered examples of war crimes. Therefore, in responding to the environmental war crimes of the Zionist regime, can use tools such as the entry of the prosecutor of the International Criminal Court into the crimes committed in Palestine, which has accepted the statute of the court; Environmental activism in the International Court of Justice, which has an approach to protect the environment in armed conflicts, and the use of the capacity of the principle of universal jurisdiction by countries to punish the perpetrators and commanders of environmental war crimes.

The right to education is one of the basic rights of people, which is considered not only an independent right, but also provides the basis for people to benefit from some other fundamental rights or puts people in better conditions to use other rights. Due to the importance of this right, many international documents, both general and specific (thematic and territorial) documents, while recognizing this right, have obliged the governments to provide the necessary facilities for the realization of this right for all members of the society and the obstacles facing Eliminate the use of this right by people. This article examines the dimensions of the violation of the mentioned right in the attacks of the Zionist regime on Gaza. Examining the hostile attacks of this regime on Palestine (Gaza) shows that these attacks have clearly violated the right to education of the people of Gaza, contrary to all international documents. Violation of this right in the attacks of the Zionist regime has multiple and extensive dimensions, including damage to students, damage to the government and parents (supporting bodies of the right), and damage to educational structures and authorities (schools, universities, teachers, professors, etc.). Considering the widespread and systematic violation of the aforementioned right in Gaza, international organizations should take appropriate measures in this regard. It is reminded that the violation of the right to education, unlike the violation of some other rights, can seriously overshadow the political, economic, social and cultural future and fate of a country, and from this point of view, it deserves the special attention of competent international institutions and authorities.

One of the accusations against the Zionist regime is committing the crime of genocide in the Gaza Strip. According to the 1948 Convention on the Prohibition and Punishment of Genocide, member states are not only required not to commit or incite genocide but also have an international obligation to prevent the commission of genocide or incitement to genocide as an independent criminal act. Committing war crimes in violation of the Four Geneva Conventions (1949) and crimes against humanity contained in the Rome Statute (1998) of the International Criminal Court by the Zionist regime are also other cases that point out the need to review the judicial mechanisms to pursue and file a lawsuit against this occupying regime. The main question of the current research is that, considering the need to deal with the impunity of international crimes, in the current international system, what are the effective mechanisms for pursuing and prosecuting the violators of human rights and humanitarian rights attributed to the Zionist regime in the Gaza war after October 7, 2023?. This research examines mechanisms such as the International Court of Justice, the International Criminal Court, national courts based on universal jurisdiction, and regional and special courts with an analytical-descriptive method.

So far, more than 26,000 civilians have been killed in the Gaza Strip, and more than half of them are children. More than 1,900,000 people out of the two million people of Gaza have become homeless during the recent armed conflict. The population of the north of Gaza has been moved to an uninhabitable area in the south, and more than 500,000 people have been seriously injured. All these cases together with people's lack of access to food, medicine, water, etc. indicate the occurrence of genocide according to the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), on 9 December 1948. In this article, we examine the dimensions and evidence and how to deal with this open and reckless genocide based on the analytical-descriptive method. Grave violations committed by Israel against Palestinians in the aftermath of 7 October, particularly in Gaza, point to a genocide in the making.

During the Gaza-Israel conflict of 2023 (Al Aqsa storm Vs. Swords of Iron) several allegations and claims have been raised from both sides in order to defend their actions. Hamas, Palestinian Islamic Jihad, and Popular Front for the Liberation of Palestine as Palestinian armed groups insist on their right to self-determination and right to resist on the one hand and Israel on its right to self-defence on the other hand. From the very first day of this armed conflict, Israel as one party claimed that while it has not had any effective control over Gaza since 2006, there is no ground to avoid this regime from its natural right to self-defence. With the emergence of disputes over the concepts of effective control and the possibility of resorting to self-defence, several questions are raised as follows: does an occupying power have the right to self-defence? What are the main criteria for effective control in international law? And does Israel have effective control over the Gaza Strip? The author tries to answer these questions based on the Analytical-descriptive method by using library documents. The results show that there is a doctrine and also a soft law about the new criterion of effective control which focuses on consequences of control rather than its material element, namely Occupation.

The legal analysis of the current situation in Gaza reveals a complex interplay between a genocidal war and a prolonged disastrous occupation, giving rise to what can be termed as “Gazocide”. This innovative conceptualization encapsulates the systematic and sustained destruction of a protected group at least as defined by the UN Genocide Convention. However, and at the same time it algorithmically explores a new threshold in destruction levels against humanity. The genocidal war in Gaza is characterized by actions demonstrating intent to destroy specific ethnic, religious and national groups. Current paper which has been conducted by legally socio-historical approach finds that the criminal attacks on civilians, intentional destruction of infrastructure and conditions leading to physical destruction, not only align with the legal definition of genocide, but more importantly goes further to shape a new threshold of severity in galaxy of international criminal law.