Humanitarian Rights

8/9/2019 Humanitarian Rights

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NEW CHALLENGES FOR HUMANITARIAN RIGHTS

AND

SOLUTIONS FOR THEM

TERRORISM :

During the human history, "War" has always been a destructive

phenomenon in human societies and has threatened the existence of

human beings. According to the information and statistics from 3500

years of civilization history, 3250 years have witnessed war and

bloodshed and only 250 years have passed with peace and calm.

Remembering the crimes of the first and second world wars, or the

regional wars in the past century, we will have a black record of abusing

the basic rights of people.

Today, with wars taking the form of domestic fights and with the addition

of ungenerous characteristics to these wars, the number of civilian

casualties has risen to 90%. Therefore, one can say that civilians are the

first and largest group damaged by the wars.

Unfortunately, these brutalities' sponsors, who have no respect for the

international laws and regulations, have often escaped from prosecution

and Punishment.

Violence, terror, bombing and assassination against civilians are inhuman

acts prohibited by article 51 of the first additional protocol to the GenevaConvention and article 13 of the second additional protocol.

Terror is an illegal act of war; it requires an element of deceit and is

prohibited according to the Geneva Convention.


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Frequent violation of human rights by Saddam and Mojahedin-e Khalq

terrorist organization during Iraq's imposed war on Iran and several

terrorist operations are examples of such inhuman acts.

Bombings, terror and violence of MKO, backed by Saddam regime, led to

the killing of many Iranian children, women, shopkeepers, youths and

These inhuman acts have even influenced international relations and have

stoked the fire of war.

Meanwhile, this terrorist group is freely acting in several countries

including Iraq. It has been on US terror list but at the same time it has

continued acts of terror and murder under the protection of the US.

During Iran-Iraq war, MKO killed thousands of Iranian innocent civilians

by assassination, bombing cultural and religious place, and . The group

continues its crimes in Iraq.

There's no doubt that inhuman acts and the violation of international

regulations should be stopped only if the items of Geneva Convention are

observed and conducted and violators are prosecuted.

According to the items 1 and 2 of article 88, first additional protocol of

Geneva Convention, the violators should be extradited to their countries

of origins to be brought to justice and tried.

According to international humanitarian rights, terrorist acts during

armed hostilities are banned with no exception; according to these rights,

governments should investigate these crimes and punish the criminals.

Therefore, terrorists are subjected to prosecution, trial and punishment.

In recent years, there have been 3 different procedures in dealing with

such crimes:


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1. In response to murderous acts and violence, the United Nations,UN Security Council, and other humanitarian communities have

only expressed concern or regret.

2. Claiming that humanitarian rights in the field of fighting terrorismare not applicable and that the era of Geneva Conventions has

come to an end, power-seeking countries like the US, that has the

veto power in UN Security Council, are taking advantage of the

situation. Such countries kill thousands of innocent people in the

Middle East and claim to be victorious in the fight against

terrorism, while they have in fact promoted another kind of

terrorism in the region. Groups like the MKO and extremist

Baathist conduct terrorist operations on daily basis and kill

hundreds of people in Iraq under the protection of these countries.

3. At the threshold of 21st century, sponsors of human rights tried totake steps necessary for securing the protection of civilians and

prosecution of human rights violators.

So, abusing the rights of civilians has been an international crime since

several decades ago, and today, besides being prohibited according to

international laws, it can be prosecuted in the international courts.

According to international rules, some of the crimes are so unacceptable

that each country has the right to pursue and punish those behind them; if

that country is not interested in trying such people, it should extradite the

criminals to a third authorized country.

In recent years, and following the acts against humanity, governments

have been eager to prove the qualification of their courts.

International communities have also asked all governments to add to their

rules the prosecution and punishment of violators of human rights and to

help the prosecution of criminals.


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Considering the existence of Geneva Convention, additional protocol and

domestic rules in each government on one hand and excessive treatment

with criminals and violators of human rights and international laws, the

question is that "What's the major problem with the Humanitarian Rights,

the lack of legal rules or not executing them?"

There's no doubt that Humanitarian Rights is able to stand against all

challenges brought about by modern international and domestic wars as

well as terrorist acts. What has disabled this process is that the rules are

not executed. Geneva Convention and additional protocols encourage the

governments to bring the criminals to justice and to hold fair trials.

What has disrupted the order of the world is that international rules are

not executed and that colonialist powers like the US have interpreted the

rules in their own way, resorting to double standards sometimes.

These powers claim of fighting terrorism while they protect many of

terrorist organization and individuals in order to promote war and

bloodshed, terror, violence and bombing; to insecure the world in order to

further their influence and control over economical resources across the

globe, and to exploit the people.

The lack of political desire to execute international humanitarian rights of

Geneva Convention and additional protocols in recent years and resorting

to double standards in dealing with Human Rights is a big catastrophe for

the world today that should be dealt with seriously.

All the rules and regulations are clear; however, it maybe helpful to

advices of Red Cross to observe Humanitarian Rights:


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1. Observation of Humanitarian Rights through the spread ofinformation and teaching these rules;

2. Observation of Humanitarian Rights during armed hostilitiesbetween governments

3. Supporting all people who observe human rights rules andregulation and expand them; also, those violating these rules

should receive daily warnings.

4. Proper action against governments and individuals violating thehuman rights by the member states of Geneva Convention and

Additional protocols.

Habilian Association

[email protected]

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Humanitarian Rights