Dr. Ali Karbalai Hosseini – International Law Researcher

The army of the occupying Quds regime, in an operation that is clearly inconsistent with the principles and requirements of international humanitarian law, has brutally martyred Yahya Sinwar; a martyrdom that, of course, has left a beautiful image of the bravery of a hero in the Islamic and Arab world, but it will be a shame for the human society to remain silent against this crime. This action of the Zionist army was not only a violation of fundamental human rights but also breached international legal obligations on several levels.

In the following, referring to the principles and regulations of international humanitarian law and international conventions, we will examine the different aspects of this crime.

Martyrdom of A Commander Who was Unable to Fight

International humanitarian law clearly stipulates in the Geneva Convention and its Additional Protocols that combatants who have lost their ability to fight should be protected and not killed. According to Article 41 of the First Protocol of the Geneva Convention, people who are no longer able to fight due to injuries or surrender must be captured and cannot be targeted. In this case, the occupation regime of Quds made Sinwar a martyr without considering the person’s condition and without giving him a chance to surrender. This action clearly violates the principle of distinction (which differentiates between combatants and non-combatants) and the principle of military necessity.

International Dissemination of Images of Humanitarian Rights Violations

Recording and publishing the images of the attack on this commander and his martyrdom by the occupying army’s drones, regardless of the violation of international law, not only means a public declaration of violation of the international obligations of that regime, but this act can be used as evidence to prove a war crime. According to Article 8 of the Statute of the International Criminal Court (ICC), war crimes include the intentional killing of protected persons. Therefore, the publication of these images has provided documents available for legal prosecution and trial of responsible persons in the Zionist regime.

Mutilating the Martyr’s Body

One of the other violations of international humanitarian law in this operation is the action of the occupying soldiers to mutilate the body of Martyr al-Sanuwar after his martyrdom. The Geneva Conventions, especially Article 130 of the Third Geneva Convention and Article 75 of the First Protocol, explicitly prohibit mutilation. This action is not only disrespectful to the victim but is also known as a war crime. Cutting off a finger under the pretext of taking fingerprints does not justify this act by no means. It is considered a clear example of cruelty and violation of human dignity.

But committing a war crime by violating international humanitarian law by the Zionist regime does not end there. The martyrdom of Al-Sinwar provides another opportunity to tell other important aspects of these crimes of the Zionist regime and to demand the international community to stop the loss of lives as soon as possible and prevent the genocide that is being pursued against the Palestinians.

The Strategy of Scorched Earth and Destruction of Residential Areas

Following the release of recent images that prove some of the war crimes committed by the Zionist regime in the destruction of Gaza for more than a year, the extent of the destruction has been clearly demonstrated following the scorched earth strategy that the occupying regime has applied in this area. This strategy is another severe violation of international humanitarian law. According to Article 54 of the First Protocol of the Geneva Convention, the deliberate destruction of property and resources essential for survival is prohibited, especially when it is carried out with the aim of depriving civilians of vital facilities. Turning the entire region into a scorched earth and destroying critical infrastructure is a clear violation of this principle.

Forced Displacement of the Civilian Population

The displacement of more than two million residents of Gaza, which includes almost the entire population, is a clear example of forced displacement and violation of human rights. According to Article 49 of the Fourth Geneva Convention, the forced transfer of the civilian population in the occupied territories is prohibited. This action can also be prosecuted as a crime against humanity and ethnic cleansing.

The Occupation Regime’s Lack of Accountability and Silence of International Institutions

While more than 40,000 civilians have been martyred by this regime, international institutions have not yet taken an official stance on these unprecedented crimes. They are obstructing efforts to prevent the continuation of these crimes. International humanitarian law not only prohibits the killing of civilians, but the non-accountability and failure to explain by the occupying regime also create a serious legal responsibility for the international community. The principle of impunity emphasizes the need to answer and prosecute war criminals, and this silence can strengthen the impunity of criminals.

A Legal Solution to Prevent the Leaders and Perpetrators of Zionist Crimes from Going Unpunished

There are three major legal solutions to prevent war criminals from going unpunished in the war pursued by the Zionist regime:

Trial of Criminals in International Courts: The occupying regime and those responsible for these crimes should be tried in the International Criminal Court (ICC) or special courts. Considering the Zionist regime’s non-membership in the ICC, the UN Security Council or the prosecutor of this court can raise this issue as soon as possible.

Investigation and Follow-up by international investigative committees: The United Nations and other international institutions can form fact-finding committees to investigate these crimes and collect the necessary documents. In particular, the International Committee of the Red Cross (ICRC) can now act as an international organization with a mediator and observer role during conflicts to prevent further violations and crimes. This is especially important for documenting crimes and reporting to human rights organizations and international courts. It should be kept in mind that without serious pursuit and trial of criminals, the international community will be seriously responsible for continuing these crimes. International humanitarian law must be enforced with authority; otherwise, such tragedies will continue.

Universal Jurisdiction: Under the principle of universal jurisdiction, third countries can prosecute and try war criminals even if the crime did not occur in their country. It seems that any of the Islamic or free nations of the world now have the best conditions to apply this principle.

Investigation and Follow-up by International Investigative Committees:

The United Nations and other international institutions can form fact-finding committees to investigate these crimes and collect the necessary documents. In particular, the International Committee of the Red Cross (ICRC) can now act as an international organization with a mediator and observer role during conflicts to prevent further violations and crimes.

This is especially important for documenting crimes and reporting to human rights organizations and international courts. It should be kept in mind that without serious pursuit and trial of criminals, the international community is seriously responsible for the continuation of these crimes. International humanitarian law must be enforced with authority; otherwise, such tragedies will continue to repeat.