Ongoing genocide and United Nations’ standing
For me and many graduates of law and international relations, whose understanding of global developments is rooted in concepts such as the principles and goals outlined in the United Nations Charter, the norms and rules of international law, the principle of non-use of force or threat of force, and the principle of non-interference in the internal affairs of countries, these days have been marked by ambiguity and contradiction—if I may say, exceedingly disheartening days. Indeed, all the most valuable moments we’ve spent learning throughout our lives have been tested over the past year.
By Esmaeil Baghaei
Iranian Foreign Ministry spokesman
As we commemorate the one-year anniversary of the renewed genocide in occupied Palestine, which coincides with the UN’s founding anniversary, it presents a timely opportunity for a genuine reflection on the organization’s operations and the norms and institutions that have arisen from it.
Who would have thought that in the 21st century, 79 years after the UN’s establishment, an entity that is ironically one of the organization’s first products - albeit a woeful and ill-fated one - would so brazenly defy all its principles and objectives, tear up its founding document, label its secretary-general persona non grata, and insult him, while killing 230 of its staff members over the past year and using its General Assembly as a platform for saber-rattling, intimidation, and bullying?
Who would have imagined that, more than two decades after the establishment of the International Criminal Court (ICC)—a court intended to prevent the commission of international crimes—and in a context where everyone had pinned their hopes on the existence of the court and the criminalization of four heinous international crimes as a guarantee against their recurrence in the 21st century, the most horrific crime, namely genocide, would become a commonplace occurrence before our astonished eyes and, regrettably, continue to this day?
The explosion of pagers in Lebanon has left everyone aghast at the boundless cruelty and inhumanity of which humans are capable. The transformation of a technology meant to connect humans into a tool for killing is not only a nefarious, unethical, and indefensible conspiracy but also a perilous innovation in the lexicon of war and enmity.
Unbridled brutality of past year
Over the past year, we have realized that cruelty, when combined with narcissistic racism and ideological superiority, creates an insatiable thirst for killing, burning, and destruction, and generates a strange talent for justifying brutality.
The extent and continuity of aggression, the level of brutality and killing, and the immense scale of destruction that has occurred over the past year in Gaza and now in Lebanon have not only expanded the boundaries of human savagery to an unprecedented level in the history of human cruelty, showcasing new manifestations of human creativity and innovation in killing one’s kind, but have also simultaneously caused a semantic transformation, creating a new and stark form for the discursive concept that has so far been imposed on the minds and thoughts of the nations of the world as human civilization (or, better put, Western civilization) through a distortion of reality. This civilization has proven itself to be, more than ever, a ruthless, profit-driven, and self-serving entity, tainted by racism and a sense of superiority, justifying oppression, shying away from fairness and justice, and submissive to power and harsh against the oppressed.
Over the past year, the credibility of human rights advocates in North America and Western Europe has been called into question more than ever before, and the instrumentalization of human rights by these advocates has been laid bare. The statement by Jürgen Habermas, the renowned German philosopher long regarded as a champion of ethics, peace, and tolerance, in explicit support of Israel’s genocide, left no doubt about this. Although Habermas’s statement was unexpected for many, it served as a stark reminder of the philosophical and political unity of the West in its view of the “non-Western” human being and the racist and nationalist underpinnings of Western philosophy and politics. In other words, Habermas’s statement, while reflecting the moral decline of the West, is entirely aligned with and justifies the policies of the German government in supporting Israel and its practical (military, financial, and political) involvement in the massacre of Palestinians. Over the past year, “the world has awoken from its slumber, realizing the true nature of European nationalist philosophy. Today, we owe this awakening to the suffering of the people of Palestine, who, through their heroism and sacrifices, have laid bare the barbarity at the heart of Western civilization”. But what has the ongoing genocide in Gaza and the aggression against Lebanon and other countries in the region done to the United Nations, its goals and aspirations, and the institutions that have emerged from it?
Erosion of UN credibility
Over the past year, the credibility of the United Nations system, its structure, and institutions, as well as the rules and norms that underpin it, have been called into question in an unprecedented manner. The functioning and position of the United Nations as an organization based on a set of principles and lofty goals for the revival of lost civilization, resulting from two world wars that originated solely in the West, as well as the international legal system born out of the UN Charter, have suffered an unprecedented erosion. This has posed a fundamental challenge to the integrity and functioning of the post-war global order and the institutions spawned by it. In this past year, the principles and objectives of the UN Charter, the principle of non-use of force or threat of force, the principle of promoting human rights, and all the norms and tenets derived from these principles and objectives have been ridiculed by a UN member state, while influential players have merely played the role of bystanders or even condoned such actions. The prime minister of the Zionist regime brazenly announced his decision to use force, commit genocide against Palestinians, and invade Lebanon in the UN General Assembly, threatened regional governments with force, and issued orders for attack and terror from the UN headquarters. The regime’s ambassador insulted the UN secretary-general and tore up the UN Charter in a show of contempt for the organization, while the regime’s foreign minister labeled the secretary-general persona non grata, and its military has carried out its mission to humiliate and undermine the UN, killing over 230 UN staff members in the past year. The latest move in the regime’s chain of actions to erase Palestinians from their ancestral land was the Israeli Knesset’s resolution to completely ban the activities of the UN Relief and Works Agency (UNRWA) in occupied Palestine, effectively denying the Palestinian people access to the only available means of enjoying their most basic human rights.
Once, the realization of the principles enshrined in the UN Charter was a lofty aspiration. Now, after a year of blatant and persistent violations of these principles, with no consequences for the occupying regime, they appear to be nothing more than an unattainable ideal.
Blow to international humanitarian law
The international humanitarian law system and human rights were the first casualties of the genocide and brutality that unfolded over the past year. In this past year, the systematic slaughter of children and women in Gaza, the widespread killing of journalists, the deliberate attacks on hospitals and aid centers, the destruction of mosques and churches, and the annihilation of historical sites and civilian infrastructure - all of which are protected under international law - dealt a mortal blow to the international humanitarian law regime, leaving it reeling. With each child killed in Gaza, the pillars of the laws governing conduct in armed conflict were shaken, and with each missile and bomb that struck a hospital or aid center, a chunk of the humanitarian law ceiling crumbled.
The genocide in Gaza is the most egregious embodiment of the systematic and flagrant violation of human rights. The right to life, the most fundamental human right, was rendered meaningless, and the Palestinian people were subjected to the most heinous forms of slaughter and genocide. Gaza has been the scene of the most horrific and systematic violations of all human rights and humanitarian norms simultaneously. Those who managed to survive the bombardments and gunfire were left to face the even more dire consequences of the total blockade of food, medicine, and healthcare. The large number of children, women, and men who have lost their lives due to starvation, disease, and the lack of basic medicine is a stark testament to this bleak reality. Ironically, over the past 13 months, the [UN] Human Rights Council has failed to hold a single special session to discuss the human rights situation in Gaza, due to the inaction or obstructionism of Western governments that claim to champion human rights.
The genocide in Gaza has also had serious implications for the credibility and standing of the International Court of Justice (ICJ), the judicial organ of the United Nations. The Israeli regime has brazenly disregarded six provisional orders issued by the ICJ to prevent genocide and ensure humanitarian access to Gaza, emboldened by its confidence in US support. Meanwhile, a pressing and disturbing question remains: how could the ICJ, despite overwhelming evidence of genocide in Gaza, fail to issue a ruling to halt the military operations of the Israeli regime, instead merely issuing a mild statement calling on Israeli forces not to commit genocide?!
Unrelenting crimes against humanity
Over the past year, alongside the egregious and unprecedented violations of humanitarian law that constitute war crimes, numerous instances of crimes against humanity and genocide have occurred in a continuous and persistent manner. All three categories of these crimes, in addition to the crime of “aggression”, are criminalized under the Rome Statute of the International Criminal Court, and despite the Israeli regime’s non-membership in the court, the necessary mechanisms, including referral by the Security Council or the intervention of the court’s prosecutor, are in place to pursue and prosecute the regime’s leaders. Furthermore, the Palestinian Authority, since January 2015, has accepted the court’s jurisdiction over crimes committed in the occupied Palestinian territories by filing a declaration under Article 12(3) of the statute.
While the court’s prosecutor in May 2024 took the step of requesting an arrest warrant for Netanyahu and Gantz for crimes against humanity, no concrete progress has been made in holding them accountable, and instead, the prosecutor and judges of the court have been brazenly threatened and intimidated by Israel and the United States. US President Biden personally launched a scathing attack on the ICC prosecutor’s actions, and the prosecutor himself has been subjected to Israeli harassment and Mossad’s fabrications against him and his family. In the latest development, Karim Khan has been accused of sexual misconduct against a female employee, with reports suggesting that this is a dirty plot by Mossad to pressure Karim Khan and the ICC. At the same time, Julia Motoc, the Romanian president of the ICC’s pre-trial chamber responsible for examining the indictment against Netanyahu and Gantz, has resigned from her post.
As a result, doubts have intensified about the ability or willingness of the ICC and its members to resist the illegitimate pressures from Israel and its Western allies and to take concrete and expected steps towards upholding the integrity and respect for international law and prosecuting the Israeli regime’s leaders.
ICRC’s inaction on Palestine
Over the past year, the unique position and humanitarian mandate of the International Committee of the Red Cross (ICRC) have been compromised, with its invocation of the principle of ‘neutrality’ being perceived by many as a form of ‘indifference’ that is unjustifiable in the face of the blatant genocide of Palestinians. Furthermore, the ICRC has been found wanting in its response to repeated Palestinian requests for assistance, having fallen short in its duty to act.
A striking difference in the stances, including the use of expressions and terms that raise suspicions of the committee’s bias towards Israel, has raised serious concerns about the possibility of the organization being influenced by the political and philosophical views of Western states on the issue of Palestine. Pro-Palestinian advocacy groups argue that the ICRC has been guilty of “taking sides” or, at the very least, showing “uneven sympathy” towards Israel from the get-go. For instance, ICRC statements have repeatedly condemned Hamas’s attacks on Israel and explicitly called on the group to release “hostages,” while studiously avoiding direct references to Israel and instead using passive voice to describe its actions and crimes. Meanwhile, the ICRC has opted to use the term “detainees” to describe the thousands of Palestinians who are often arrested and held in harsh conditions without charge or trial, with the aim of extracting concessions from their families.
ICRC statements also frequently call on “all parties” to end hostilities or respect international humanitarian law. However, there is no equivalence between the nature and capacity of the Zionist regime’s aggression as the occupying power on one hand, and the nature and capacity of the Palestinian resistance as the occupied nation on the other, or even Hamas, which uses the most basic means to defend itself. In this situation, “equating” or implying the equality of the two sides provides a legal cover to justify the severe crimes committed by the Zionist regime and its Western supporters, which in a way complements the media propaganda against the Palestinian people and resistance groups.
UN agencies under fire
It is necessary to shed light on the inadequate response of two other international bodies that were expected to play a pivotal role in halting the genocide: the World Health Organization (WHO) and the United Nations High Commissioner for Refugees (UNHCR). The WHO’s response, as the global custodian of health and healthcare, to Israel’s repeated and ongoing attacks on hospitals, medical centers, and medical staff, as well as the ruthless slaughter of patients and wounded individuals within hospitals, has been negligible and ineffective. A case in point is the WHO’s response to the destruction of Al-Shifa Hospital on October 17, 2023, which left over 500 patients and medical staff dead; the organization merely condemned the attack without mentioning the perpetrator, Israel, or calling for an end to its assaults. The UNHCR has also been guilty of a similar dereliction of duty. While Israel is actively pursuing a policy of forced displacement of the Gaza population, the UNHCR has condemned Hamas and criticized the international community for its silence in the face of Israeli displacement.
The upshot is that the repetition and perpetuation of atrocities in occupied Palestine and Lebanon have numbed many people to the point of apathy. The human conscience, which is the most significant barrier to the spread of evil and malice, has been influenced by the “justifying” rhetoric of Israel’s Western supporters, leading to self-deception and denial of the severity of the crimes. The danger of trivializing evil and normalizing atrocities has never been more pressing. Edward Herman’s concept of “the banality of evil” refers to “making the unthinkable seem normal” and “doing horrific things” in a regular and organized manner based on normalization. This is a trend where heinous, degrading, and inhumane acts become routine and are accepted as normal and factual.
So, what is to be done?
If we accept that only hegemonic, bullying, and aggressive countries with a history of colonialism and interventionism benefit from lawlessness and chaos at the global level, we must uphold the existence of the United Nations and its principles and objectives, and strive to protect them. As one of the 51 founding members of the United Nations, Iran has always believed in and adhered to the UN’s principles and objectives. Despite the injustices and affronts, we have suffered at the hands of this organization, which has been influenced by the abuse of power by its powerful members, we have never turned against the United Nations. We have not torn up the UN Charter, killed peacekeepers, disparaged the UN secretary-general, or disrespected the specialized agencies and organizations of the UN, even when we were under the harshest sanctions imposed by the Security Council. This is not surprising, given the Iranian people’s reputation for being civilized, enlightened, noble, forward-thinking, responsible, and patient.
Call to action against Israeli atrocities
The world is in dire need of a coalition to put an end to Israel’s brutality, lawlessness, and slaughter. In the current state of affairs, everyone must uphold the principles and objectives of the United Nations and be wary of their violation. The heinous crimes committed by Israel must not lead to the “banality of evil” and the “normalization of atrocities”, casting doubt on humanitarian and moral principles. It is essential to meticulously identify and expose the breaches of the UN Charter and international law to the global community, and to condemn the Zionist regime’s actions and those of its apologists. We must not allow crime and evil to become the norm, nor should we tolerate the erosion of the principles of the UN Charter, human rights, and humanitarian law. We must safeguard the achievements of human civilization in the realm of international law and humanitarian principles. Governments and other stakeholders who believe in international law and institutions must launch a joint campaign within the United Nations and other international and regional organizations to enforce the ICJ’s provisional measures and put an end to the genocide of Palestinians. They must also support the ICC’s decision to prosecute Israeli leaders for crimes under its jurisdiction. Simultaneously, we must hold international organizations such as the ICRC, the WHO, the UNHCR, UNESCO, and others accountable and push them to break their silence and inaction in the face of Israeli atrocities. We must make it clear to them that remaining silent in the face of the Gaza genocide, under the guise of neutrality, is morally reprehensible. In a situation where evil is spreading rapidly, neutrality and inaction are tantamount to complicity.
In short, every individual has a responsibility to confront the trend that is targeting humanity and human dignity.