Sanctioning Hamas: An Infringement on Palestinian Self-Determination Rights
TEHRAN – The concept of the “right to self-determination” is a fundamental principle in international law, recognized as a peremptory norm (jus cogens). This right is essential for the political and cultural development of peoples worldwide, making it crucial for states and international organizations to uphold it. According to international legal instruments, the obligation to respect this right is considered an obligation erga omnes, meaning it is owed to the international community as a whole.
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, adopted in 1966, underline this principle. Article 1 of both covenants states:
“All peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social, and cultural development.”
The International Court of Justice (ICJ) has consistently reaffirmed the importance of this right. Notably, in its 2004 Advisory Opinion regarding the construction of a wall in the Occupied Palestinian Territory, the ICJ recognized the “right of peoples to self-determination” as an obligation erga omnes.
The Reflection of Palestinian Self-Determination in Legal Instruments
The right to self-determination is also explicitly acknowledged in several United Nations General Assembly Resolutions, such as Resolutions 1514 and 2625. Resolution 2625, adopted in 1970 under the title “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States,” emphasizes the duty of every state to refrain from any actions that deprive peoples of their right to self-determination, freedom, and independence. This resolution includes the following key points:
- States must avoid coercive actions that undermine the political independence of any nation.
- Military, political, or economic coercion against a state’s territorial integrity is strictly prohibited.
In the context of the Palestinian people, numerous General Assembly and Security Council resolutions have reiterated the applicability of the right to self-determination. For example, General Assembly Resolution 3236, adopted in 1974, states:
“The Palestinian people are entitled to the right to self-determination in accordance with the Charter of the United Nations.”
Free Elections: A Key Aspect of Self-Determination
One of the most significant manifestations of exercising the right to self-determination for the Palestinian nation is the ability to conduct free elections and select their political leaders independently. General Assembly Resolution No. A/ES-10/L.30/Rev.1, adopted on May 9, 2024, reaffirmed this principle by stating:
“The General Assembly, […] reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine.”
Western Interference in Palestinian Politics
Despite these legal obligations, some Western states have questioned the role of Hamas in the future governance of Palestine. This stance represents a significant interference in Palestinian internal affairs, contrary to the principles of self-determination and the UN Charter. Notable examples include:
- The British government has stated that “[Hamas] must release all the hostages, agree to an immediate ceasefire, accept that they will have no role in the governance of Gaza, and commit to disarmament.”
- The French government has echoed similar sentiments, calling for the removal of Hamas from governance in Gaza.
These positions, particularly the United States’ emphasis on disarmament and the exclusion of Hamas from the political future of Palestine, constitute violations of Article 2 of the UN Charter. The relevant paragraphs mandate:
- Refraining from threats or use of force against the territorial integrity of any state.
- Non-intervention in matters that fall within the domestic jurisdiction of any state.
It is essential to highlight that any interference occurs despite Hamas winning a significant majority in the 2006 Palestinian parliamentary elections, securing 76 out of 132 seats in the Legislative Council, thus establishing itself as the governing party.
The Palestinian People’s Right to Choose Their Leaders
In conclusion, the selection of political leaders in Palestine must be determined solely by the Palestinian people, reflecting their right to self-determination and political independence. The choice of representatives and officials should align with the cultural, political, and social values of the Palestinian society.
Any external attempts to influence this process, such as the exclusion of Hamas or the appointment of foreign administrations, lack legal legitimacy. Such actions not only contravene international law but may also render those involved liable for international responsibility.
