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 Geneva
Convention 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 terrorism
are 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 to
take 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 of
information and teaching these rules;
2. Observation of Humanitarian Rights during armed hostilities
between governments
3. Supporting all people who observe human rights rules and
regulation and expand them; also, those violating these rules
should receive daily warnings.
4. Proper action against governments and individuals violating the
human rights by the member states of Geneva Convention and
Additional protocols.

Habilian Association
info@habilian.com