TEHRAN – According to international legal instruments, the “right to self-determination” constitutes a jus cogens of international law.
The obligation by other actors in the international arena to uphold and comply with this right falls within the category of erga omnes obligations (owed to the international community as a whole).
Common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (adopted in 1966) makes clear in this regard: “All peoples have the right to self-determination, whereby they shall be free to determine their political status and to freely pursue their economic, social and cultural development.”
The International Court of Justice (ICJ) has also recognized in a number of cases, including its 2004 Consultative Opinion on the Legal Consequences of Building a Wall in the Occupied Palestinian Territories, that the “right of peoples to self-determination” is now a universal obligation.
Reflection of Palestinians’ right to self-determination in various legal instruments
This right is also reflected in United Nations General Assembly resolutions 1514 and 2625.
According to resolution 2625, adopted by Member States in 1970 under the title “Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation Between States in accordance with the Charter of the United Nations,” all States have the obligation to refrain from any coercive action that deprives peoples of the right to self-determination, freedoms, and rights mentioned in the elaboration of the principles of equal rights and self-determination of peoples. Independence.
Furthermore, states have an obligation to “refrain from military, political, economic, or other forms of coercion aimed at the political independence or territorial integrity of any state in its international relations.”
Regarding the Palestinian people, in addition to the examples mentioned above, several United Nations General Assembly and Security Council resolutions over the years have emphasized the applicability of this principle to the Palestinian people.
For example, in resolution 3236 of 1974, the General Assembly clearly stated that “the Palestinian people have the right to self-determination in accordance with the Charter of the United Nations.”
Free election of political rulers: an example of the right to self-determination
Based on the previous points, it is clear that one of the most important manifestations of the exercise of the right to self-determination, including a Palestinian state, is the possession of political independence and free election of political rulers.
General Assembly resolution number A/ES-10/L.30/Rev.1, adopted on 9 May 2024, refers in this regard to:
“The General Assembly (…) reaffirms the right of the Palestinian people to self-determination, including the right to an independent Palestinian state.”
Discussion of Hamas’s lack of political role amounts to Western intervention in Palestinian internal affairs
In this context, some states have stated that the Hamas group has no role in the future of the Palestinian state, despite its legal obligations to the principle of self-determination, in accordance with the provisions of UN resolutions and the UN Charter.
It is precisely in this context that many Western governments, in their Declaration of Recognition of the State of Palestine issued this year in response to the Israeli regime’s repeated aggression in Gaza, explicitly emphasized that Hamas has no role in the future governance of Gaza.
For example, in a press statement relating to recognition of Palestine and referring to the Hamas issue, the British government stipulated that “(Hamas) must release all hostages, agree to an immediate ceasefire, accept that it has no role in the governance of Gaza, and commit to disarmament.”
Similarly, in another example, the French government called for the removal of Hamas from control of Gaza in its declaration of recognition of Palestine.
These cases, along with the U.S. government’s unlawful and threatening emphasis on disarmament and Hamas’s failure to play a role in Palestine’s political future, constitute a clear violation of Articles 2, 4 and 7 of the United Nations Charter, which mandates refraining from the threat or use of force against the territorial integrity or political independence of any state, and non-permission to intervene in matters that are essentially within the domestic jurisdiction of any state. each state.
It should also be noted that this interference in Palestinian internal affairs occurred despite the fact that Hamas won 76 out of 132 seats in the Legislative Council in the last parliamentary elections held in Palestine in 2006, making it the ruling party in parliament, beating out other parties, including Mahmoud Abbas’s Fatah.
The Palestinian people are the sole determinant of the future ruler of Palestine
In conclusion, based on the political independence of the Palestinian state and the fundamental right of the Palestinian people to self-determination, the choice of the Palestinian governing body is made solely by the Palestinian people. They will decide which political officials and representatives will govern the Palestinian territories based on their own cultural, political and social criteria.
Plans to the contrary, including provisions such as the selection of a group of states to administer the Gaza Strip and the prohibition of Hamas’s participation in Gaza governance, lack legal legitimacy and may even lead to international liability for the individuals and entities involved.