TEHRAN – According to international legal instruments, the "right to self-determination" constitutes a peremptory norm (jus cogens) of international law.

The obligation to preserve and observe this right by other actors in the international arena falls within the category of obligations erga omnes (owed to the international community as a whole).

Article 1 common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (adopted in 1966) explicitly states in this regard that: "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 also affirmed in numerous cases, including the 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, that the "right of peoples to self-determination" is now among the obligations erga omnes.

The reflection of the Palestinians' right to self-determination in various legal instruments

This right is also reflected in United Nations General Assembly Resolutions 1514 and 2625.

Pursuant to Resolution 2625, which was adopted by members in 1970 under the title "Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations," every State has the duty to refrain from any forcible action which deprives peoples, referred to in the elaboration of the principle of equal rights and self-determination of peoples, of their right to self-determination, freedom and independence.

Furthermore, states are obliged to "refrain in their international relations from military, political, economic or any other form of coercion aimed against the political independence or territorial integrity of any State."

Concerning the Palestinian people, in addition to the aforementioned instances, multiple resolutions of the General Assembly and the Security Council over many years emphasize the applicability of this principle to the Palestinian people.

For instance, the General Assembly explicitly stated in Resolution 3236 in 1974 that "the Palestinian people are entitled to the right to self-determination in accordance with the Charter of the United Nations."

The Free election of political rulers: An instance of the right to self-determination

Based on the preceding points, it is evident that among the most crucial manifestations of exercising the right to self-determination, including for the Palestinian nation, is possessing political independence and the free election of their political rulers.

General Assembly Resolution No. A/ES-10/L.30/Rev.1, adopted on May 9, 2024, refers to the following in this context:

"The General Assembly, […] reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine."

Discussion regarding Hamas's lack of political role constitutes Western interference in Palestinian internal affairs

In such circumstances, some states, regardless of their legal obligation to the principle of self-determination, in accordance with the provisions of UN resolutions and the UN Charter, speak of the Hamas group having no role in the future of the Palestinian State.

In this very context, many Western governments, in the "Declarations of Recognition of the State of Palestine" issued this year in response to the Israeli regime's repeated aggressions in Gaza, have explicitly emphasized Hamas's non-role in the future governance of Gaza.

For example, the British government, in a press statement related to the recognition of Palestine and referring to the issue of Hamas, stipulated 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."

Similarly, the French government, as another example, in its declaration recognizing Palestine, called for the removal of Hamas from the governance of Gaza.

These instances, alongside the illegal and threatening emphasis by the United States government on the disarmament and non-role of Hamas in the political future of Palestine, constitute a clear violation of paragraphs 4 and 7 of Article 2 of the UN Charter, which mandate refraining from the threat or use of force against the territorial integrity or political independence of any state and non-authorization of intervention in matters which are essentially within the domestic jurisdiction of any state, respectively.

It is also pertinent to note that this intervention in Palestinian internal affairs occurs despite the fact that in the last parliamentary elections held in Palestine in 2006, Hamas secured 76 seats out of the 132 seats in the Legislative Council, becoming the governing party of the parliament by a significant margin over other parties, including Fatah, headed by Mahmoud Abbas.

The Palestinian people are the sole determinants of future Palestinian rulers

In conclusion, the selection of the governing body in Palestine, based on the political independence of the Palestinian State and the fundamental right of the Palestinian people to self-determination, will be conducted solely by the Palestinian people. They will determine the political officials and representatives ruling the Palestinian territory based on their own cultural, political, and social criteria.

Any plan to the contrary, including the selection of a group of countries to administer the Gaza Strip or provisions such as prohibiting Hamas's participation in the governance of Gaza, lacks legal legitimacy and may even lead to the international responsibility of the associated individuals and entities.