Seyyed Hadi Borhani, a faculty member at the University of Tehran, emphasized in an interview with the SCFR Online website that this resolution clearly contravenes fundamental principles of international law and humanitarian norms. He stated: “The proposal of such a measure within the political arena of the Israeli regime is not unprecedented; at minimum, over the past decade, right-wing and extremist factions have consistently pursued it. In particular, the Religious Zionist Party and other aligned parties have sought to institutionalize stricter policies against Palestinians through legislative instruments.”
He added: “These factions fundamentally pursue a security-oriented approach based on elimination or suppression regarding the Palestinian question, holding no belief in political solutions, negotiation, or human rights mechanisms. From their perspective, the sole means of controlling the situation is to increase the costs of resistance for Palestinians—to such an extent that continuing the struggle becomes unbearable for them, ultimately compelling them to relinquish their demands.”
International Humanitarian Law Facing a Serious Challenge
This university professor, emphasizing the legal ramifications of this resolution, stated: “The enactment of such a law can be regarded as one of the most serious challenges to the international humanitarian legal system in recent years. This is particularly significant given that this action stands in blatant contradiction to the principles of the 1949 Geneva Conventions—conventions that establish the framework for the treatment of prisoners and individuals involved in armed conflicts. According to these principles, even under wartime conditions, fundamental individual rights must be respected, and the imposition of severe penalties, particularly execution, is subject to serious limitations.”
Borhani continued: “Under the provisions of this resolution, Palestinians who have participated in operations against Israelis—particularly cases resulting in the death of Israeli citizens—may face death sentences. This issue not only risks exacerbating violence but also creates grounds for arbitrary and politicized handling of cases.”
In response to the question of whether this law is currently enforceable, he explained: “Within the legislative structure of the Israeli regime, any proposed bill becomes law after undergoing three stages of review and voting in the Knesset. However, the possibility of potentially challenging it before judicial bodies, particularly the Israeli Supreme Court, remains. Within this framework, certain human rights institutions have attempted to block the implementation of this law through judicial avenues.”
Moving Toward a Dual and Discriminatory Legal System
Referring to domestic reactions within the occupied territories, he added: “The human rights organization ‘B’Tselem’ is among the institutions that have reacted to this resolution, deeming it incompatible with fundamental legal principles within the Israeli regime. By filing a petition with the Supreme Court, this organization has argued that this law institutionalizes a form of structural discrimination, as it specifically targets Palestinians and, in practice—under similar circumstances—does not apply to Jewish citizens.”
Borhani emphasized: “This issue is of considerable legal significance, as it indicates a shift toward a form of dual legal system—one in which different rules are applied to distinct population groups. Such a trend could seriously undermine the legitimacy of the legal system and pave the way for broader criticism at the international level.”
International Reactions
He further referenced international reactions, stating: “This resolution has faced criticism and serious expressions of concern at the global level. Certain European countries, as well as the European Union, have formally expressed their apprehension regarding the consequences of this law. Published statements have emphasized the necessity of upholding human rights and refraining from provocative actions.”
This expert on Palestinian affairs added: “Beyond governments, international institutions and human rights organizations are also expected to adopt more serious positions. This includes the UN Human Rights Council, Amnesty International, and Human Rights Watch, which have previously warned against violations of Palestinian rights in similar instances. These bodies can play a significant role in limiting the implementation of such policies through documentation and international pressure.”
Political and Social Consequences
Referring to the political ramifications of this action, Borhani stated: “The enactment of this law could lead to heightened tensions in the occupied territories and even impact regional security. Such policies not only fail to reduce violence but, in many instances, fuel cycles of retaliation and conflict.”
He continued: “From a social perspective as well, this law could deepen existing divisions and amplify feelings of injustice among Palestinians, which in turn could pave the way for more widespread unrest and greater instability in the region.”
In another segment of his remarks, this university professor emphasized: “This resolution must be analyzed within the framework of broader macro-policies aimed at intensifying the ‘Judaization’ of the occupied territories. In this sense, by increasing economic, security, and legal pressures on Palestinians, living conditions are made so difficult that they are compelled to leave these areas.”
He added: “While this trend may achieve certain short-term political objectives for its architects, in the long term, it could entail far more dangerous consequences, including heightened international isolation and intensified conflicts.”
Borhani concluded by noting: “The international community bears responsibility in the face of such actions and cannot remain indifferent. If effective and coordinated international reactions do not materialize, there is a risk that such measures and policies could become normalized—a development that would have serious repercussions not only for Palestinians but for the entire system of international law.”
No comments:
Post a Comment