خلاصة:
Liberation movements, which have emerged to change behavior in international relations, today possess a legal character and play a role as an actor in the international community. These movements are not an extraordinary phenomenon; rather, they have emerged in pursuit of occupation or the silent and calm occupation operations of great powers. Many convention provisions and resolutions have been approved in international assemblies for the identification and recognition of liberation movements. Supporting liberation movements and their rights and duties in armed conflicts is one of the most important topics of international criminal law. Based on international law, state support for liberation movements, even in the form of military aid, is justifiable. Although these movements must also observe the rules and regulations related to armed conflicts. In Islamic law, based on the rules related to armed conflicts, specific rights are recognized for the protection of non-combatant citizens, especially those most vulnerable to harm, such as children, women, the elderly, and the disabled. One of the most important regulations regarding this category of victims is that, according to Islamic law, even killing children and women who are directly participating in armed conflicts is not permitted except in emergency conditions—that is, if they are directly attacking a Muslim, in which case this killing is justifiable based on self-defense. In the present research, the rights and duties of liberation movements and also the supporting states of these movements, particularly the obligation to respect the rights of non-combatant citizens in armed conflicts, especially regarding Gaza, have been examined from the perspective of international criminal law.
ملخص الجهاز:
Responsibility of Liberation Movements for War Crimes with Emphasis on the Gaza Crisis Farshad Rahmani Master of Laws, specializing in Criminal Law and Criminology Islamic Azad University, Science and Research Branch, Tehran (Alborz) Abstract Liberation movements, which have emerged to change behavior in international relations, possess a legal character today and play a role as an actor in the international community.
In the present research, the rights and duties of liberation movements as well as the supporting states of these movements, especially the obligation to respect the rights of civilian citizens in armed conflicts, particularly regarding Gaza, have been examined from the perspective of international criminal law.
The responsibility of liberation movements for the commission of war crimes is one of the important topics in contemporary international law that has been raised more seriously after the approval of the 1977 Additional Protocols to the Geneva Conventions (Abbasi, 2002: 55).
The obligation to punish war criminals who have committed violations of humanitarian law rules during international conflicts is a duty of the states party to the Geneva Conventions; this is considered regardless of the nationality of the perpetrator or the victim, or even the location where the war crime occurred (this is what universal jurisdiction is).
--- Saed, Nader, (2010) Protection of human rights; the approach of the Goldstone Report regarding the crimes committed by the Zionist regime in Gaza, collection of articles in the book Palestine and Contemporary International Law, first edition, Tehran: Majd Publications.
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