نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه علوم سیاسی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
2 دانشجوی کارشناسی ارشد علوم سیاسی، گروه علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
West Asia, a region of critical importance, has witnessed a series of significant and challenging events throughout history. The Middle East has been a stage for the activities of extra-regional actors pursuing diverse objectives. The Palestinian issue, a particularly sensitive and challenging issue, demands the attention of all countries in the region, researchers, and experts.
The Palestinian issue has not only preoccupied the Arab world but also all Islamic countries, regardless of nationality. The establishment of Israel in this region resulted in the dispossession of a significant portion of Palestinian land and an uncertain future for the Palestinian people. This event triggered escalating conflict between Jews and Arabs. Despite efforts by Arab countries, they were unable to effectively confront Israel, and subsequent conflicts led to further Israeli occupation of Palestinian territories.
In response, Palestinian liberation organizations with a politico-military approach emerged. The formation of the Hamas movement in 1987 marked a turning point, with their resistance activities against Israeli occupation
continuing to this day, particularly in the Gaza Strip. This turning point became more pronounced with the initiation of the "Al-Aqsa Storm" operation by Hamas forces on October 7, 2023.
Following the 2023 conflict between Hamas and Israel, various legal perspectives emerged regarding the nature of this operation. While Israel attempts to portray the operation as illegitimate, Hamas justifies it as an act of self-defense in response to nearly 80 years of Israeli aggression and occupation.
Legal perspectives on the operation are divided:
First perspective: Views the operation as terrorist and illegal.
Second perspective: Argues that Hamas exercised the "right to resistance" in response to the Israeli occupation and its ongoing aggression.
Third perspective: Based on Article 51 of the United Nations Charter (the right to self-defense), argues that Hamas, as the self-governing authority in the Gaza Strip, acted within its inherent right to self-defense against Israeli aggression.
Despite Israel's attempts to delegitimize all Palestinian resistance movements, including the Al-Aqsa Storm operation, and its use of disproportionate force, including the bombing of hospitals and residential areas, the Palestinian nation's military operations can be analyzed within the framework of international law, particularly the right to self-defense as outlined in Article 51 of the United Nations Charter.
This research, employing a descriptive-explanatory approach within the theoretical framework of legitimate defense, examines whether the Al-Aqsa Storm operation can be justified as an act of legitimate self-defense.
The hypothesis of this research posits that the October 7th operation was a response to the ongoing aggression and illegal actions of the Israeli government over seven decades of occupation. Therefore, it can be considered an act of legitimate self-defense within the framework of international law.
Key considerations:
Article 51 of the United Nations Charter primarily recognizes the right to self-defense for states, not non-governmental groups or liberation movements.
The exercise of the right to self-defense requires an initial act of aggression against the state.
However, the research findings suggest that:
Hamas, as the elected government of the Gaza Strip, can be considered a legitimate self-governing authority.
Hamas's resistance activities are based on the internationally recognized right of the Palestinian people to self-determination.
Hamas's actions were a response to nearly 80 years of Israeli occupation and continuous aggression.
Therefore, the research concludes that the Al-Aqsa Storm operation can be analyzed as an act of legitimate self-defense within the context of the ongoing Israeli occupation and the Palestinian people's right to self-determination.
کلیدواژه‌ها [English]
Ahmadi, H. (2022). Politics and Governance in the Middle East (West Asia) and North Africa, Tehran: Ni.[In Persian]
Ahmadi, H. (2012).The Evolution of Islamic Movements from Seyyed Jamal's Salafi movement to Islamic Awakening in 1249-1390 AH, Tehran: Imam Sadiq University (AS). [In Persian]
Aljamal, Y.M. (2014). Hamas: a Terrorist Organization or Liberation Movement? University of Malaya UDK Malaysia, pp: 39-64.
Aljazeera (2024). What is Hamas? A simple guide to the armed Palestinian group, (View date: 2024/02/10), at: B2n.ir/w73950.
Alinaqipour, A. (2017). Investigating the Role of the Hamas Movement in the political developments of occupied Palestine, Tarikhnameh Khwarazmi, (11), 108-131.[In Persian]
Ashuri, D. (1986). Political Encyclopedia, Tehran: Sohrvardi. [In Persian]
Britannica (2024). Hamas, (View date: 2024/02/24), at: B2n.ir/m98800.
Casse, A. (1990). The Role of Force in International Relations, translated by: Morteza Kalantarian, Tehran: Aghaz. [In Persian]
CFR (2023). Israel’s War on Hamas: What to Know, (View date: 2024/02/28), at: B2n.ir/u93761.
D+C (2024). Why Hamas is not a liberation Movement, (View date: 2024/02/12), at: B2n.ir/e78301.
Defapors (2023). Fath Movement; The most important Palestinian political and military organization to liberate this country, (view date: 2023/12/11), in: B2n.ir/g92639. [In Persian]
Ebrahimzadeh, P and Amirhossein Malekizadeh (2022). The Position of Pre-emptive Defense from the Perspective of International Law with an emphasis on explaining the International legal obstacles to its application to protect civilians, International Studies Quarterly, 18(2), 83-100. [In Persian]
Euronews Farsi (2023). Hamas' surprise attack on Israel; What do we know about the Al-Aqsa storm operation?, (view date: 2023/12/08), in: B2n.ir/u87732. [In Persian]
Euronews Farsi (2024). Which Countries and Institutions Recognize Hamas as a Terrorist Organization?, (view date: 2024/02/16), in: B2n.ir/r60665. [In Persian]
Fars News (2023). The Great Achievements of the Resistance in the Gaza War, (view date: 2023/12/06), at: http://fna.ir/3gh3pu. [In Persian]
Ghasemi, A and Victorbarin Chaharbakhsh (2012). Evaluation of the right of collective legitimate defense in contemporary international law, Judicial Law Perspectives Quarterly, (50), 107-132. [In Persian]
Ghorbani, S and Hossein Masoudnia and Ismail Arefi (2017). The Influence of the Islamic Republic of Iran on the process of the formation of the Islamic resistance group Hamas from the beginning of its formation to 2009, Quarterly Journal of Islamic Revolution and Holy Defense Studies, 3(1), 35-59.
Hammihan (2024). Hamas; Terrorist Group or Freedom Movement, (view date: 2024/02/16), in: B2n.ir/z34514. [In Persian]
Irna News (2023). Narrative of Foreign Affairs; Has Hamas launched a third intifada?, (view date: 2023/12/06), in: B2n.ir/b35379.
Jamal, M. A. (2013). Beyond Fateh Corruption and Mass Discontent: Hamas, the Palestinian Left and the 2006 Legislative Elections, British Journal of Middle Eastern Studies, 40(3), 273-294.
Janssen, F. (2009). Hamas and its Positions Towards Israel_Understanding the Islamic Resistance Organization through the concept of framing, The Hague, Netherlands Institute of International Relations Clingendael.ISBN, pp 1-105.
Javidi, A and others (2021). Analysis of the Conditions of Legitimate Defense (self-defense) in Iranian Criminal Law, with Emphasis on Judicial Procedure, PalArch's Journal of Archaeology of Egypt/ Egyptology, 6(18), 542-558. [In Persian]
Kargari, N and Aliakbar Heydarifard (2018). Terrorismology, Tehran: Khorsandi. [In Persian]
Kashef Al-Ghetaa, a.a and Soo Bow Pei and Cheng Jia Hui (2023). A Jurisprudential Perspective of Self-Defence, Geopolitics Quarterly, 19, Special Issue, 59-78. [In Persian]
Manshoore toseeh online (2023). Do Palestinians have the right to legitimate defense based on the rules and principles of international law?, (view date: 2023/12/20), at: http://B2n.ir/q70821.
Massoudnia, H. and Saeed Ghorbani Tashekandi (2017). The influence of the Islamic Republic of Iran on the formation of the Islamic Jihad group in Palestine, Journal of Political Science of Azad Karaj University, (37), 119-97. [In Persian]
McWilliams, WC. and Harry Piotrowski (2014). History of the world after World War II, translated by: Fatemeh Shadan, Tehran: Qoqnos.
Mehr News (2024). "Erdogan: Hamas is not a terrorist organization but a liberation movement", (view date: 2024/02/15), in: B2n.ir/d66731.
Mizan News (2023). What is the Al-Aqsa storm operation?, (view date: 2023/12/07), in: B2n.ir/u74288.
Mizan News (2024). "Palestinians and the right to legitimate defense against the Zionist regime", (view date: 2024/02/10), in: B2n.ir/y83155.
Mousavi, Seyyed S and Mohammad Rahim Ayvazi and Seyed Mohammad Ashrafi (2022). A comparative study of resistance groups of Hashd al-Shaabi of Iraq and Hamas of Palestine, Journal of Fundamental and Applied Studies of Islamic World, (9), 140-165. [In Persian]
Nasri, Q. (2015). Critical Regions of the Middle East, Tehran: Imam Sadeq University (AS).
Ohlin, JD (2015). The Doctrine of Legitimate Defense, Cornell Law School, 91 INT’L L. STUD. PP 119-160.
Presstv.ir (2023). "Palestinians’ anti-Israel operation 'legitimate defense'against decades of occupation: Iran's UN "mission", (View date: 2023/12/09), at: 2023B2n.ir/m35702.
Qadri Kangavari, R and Daud Aghaei Khaje Pasha (2013). Comparative Analysis of the Theoretical and Practical Foundations of Resistance and Terrorism, the rights and tasks of liberation movements, Afaq Sesat Quarterly, 5 (17), 95-133. [In Persian]
Reich, W (1943). The roots of terrorism, translator: Hossein Mohammadi Najam, Tehran: Islamic Revolution Guards Corps, Command and Staff College, Advanced Course of War.
Rahmani, N (2020). The role of power and recourse to force in international relations, Tehran: Azarfar. [In Persian]
Sadat, Seyyed A (2016). The Relations Between the Islamic Republic of Iran and the Palestinian Islamic Resistance Movements with an emphasis on the Islamic Jihad movement, Islamic World Political Studies Quarterly, (16), 106-77. [In Persian]
Saikal, A & David Vestenskov (2020), Iran’s National Security and Operational Capability, Scandinavian Journal of Military Studies, 3(1) 18–30.
Soleimani, K (2014). Islam and Conflicting Nationalisms in the Middle East 1876-1926, translated by Mehdi Rezaei, The Hague: Iran Akademia. [In Persian]
Shoraye Rahbordi Ravabet Khareji (2024). "Operation Storm Al-Aqsa from the point of view of the right of legitimate defense", (view date 2024/02/24), in: B2n.ir/k41172.
Tabnak (2023). "Read more about Hamas in Tabnak", (access date: 2023/12/13), in: B2n.ir/a73676.
Tahlilroz (2023). "Operation Al_Aqsa Storm, A legitimate Response To More Than 70 Years of Oppression", (View date: 2023/12/09), at: http://B2n.ir/y17394.
Taleghani, H. (2010). Legal Aspects Of The Gaza War and legitimate Defense, Gawah Law Journal, (14), 41-48.
The Guardian (2006). "Hamas Celebrates Election Victory" (View date: 2024/02/28), at: B2n.ir/f36629.
The New York times (2023). "A Quick Look at Hamas", (View date: 2024/02/25), at: B2n.ir/s35832.
Toman, J. (1975). Terrorism and the Regulation of Armed Conflicts, in M. Cherif Bassiouni(ed), International Terrorism and Political Crimes, Illinois: Charles C. Thomas Publishers.
Wallace, R. (2005). International Law, translated by Seyyed Ghasem Zamani and Mahnaz Behramlou, Tehran: Institute of Legal Studies and Research [In Persian].
Ziai Begdali, M.R. (2021). Public International Law, Tehran: Ganj Danesh. [In Persian]
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