Iran Press/ Asia: Deputy Foreign Minister for Legal and International Affairs of the Islamic Republic of Iran Reza Najafi issued a statement at the sixty-first Annual Session of the Asian-African Legal Consultative Organization (AALCO). (16-20 October 2023 - Bali, Indonesia)
The full text of the statement is as follows:
In the name of Allah, the most compassionate, the most merciful
Mr. President, Mr. Secretary-General,
Distinguished Delegates,
Ladies and Gentlemen; At the outset,
I would like to express my appreciation to the government of the brotherly country of Indonesia for hosting the Sixty-First session of the Asian-African Legal Consultative Organization (AALCO) as well as for the warm hospitality extended to my delegation.
We are fully confident that this session will be crowned with success. I express our full support and cooperation to that end. My thanks also go to the Secretariat of AALCO and its distinguished Secretary-General, Dr. Pinitpuvadol, for preparing related documents of this session in a timely and efficient manner.
Mr. President, to address the serious, complex, and multifaceted challenges of our highly interdependent and interconnected world, we have no better option than upholding multilateralism, which is an appropriate practical mechanism for resolving international issues and disputes through collaboration in accordance with the principles of international law.
A candid review of some State's practices reveals that international law has repeatedly been abused by certain States in pursuit of their short-sighted political objectives, in particular against developing countries. For such States, international law is merely a tool to exert pressure on independent States that they dislike.
Such conduct constitutes material breaches of the UN Charter and fundamental principles of international law, jeopardizing its integrity and efficiency.
Mr. President,
Strong commitment to the fundamental principles of international law, including the peaceful settlement of disputes in a manner consistent with the purpose of maintaining international peace and security, has been a longstanding policy and practice of the Islamic Republic of Iran. In this context and in accordance with Article 33 of the United Nations Charter, we have sought different means of dispute settlement with the United States and other States to resolve all outstanding disputes.
Based on its long-standing practice of resorting to international judicial and arbitral forums, Iran has brought various cases to the United States claims tribunal and some others before the International Court of Justice. Currently, Iran is a party to four pending cases before the Court, in three cases as an applicant and in one case as the respondent.
Recently, my country achieved a victory over the United States at the International Court of Justice in the case concerning Certain Iranian Assets, which confirmed the illegality of the seizure of certain Iran's assets by theUnited States.
Mr. President,
Aware of the serious threats that terrorism continues to pose against international peace and security as well as its deleterious effects on the well-being of societies and enjoyment of human rights, Iran considers terrorism as a global phenomenon that knows no border, religion, ethnicity, nationality, or civilizations.
As such, responding to this formidable challenge requires vigorous international cooperation so as to deny terrorists any safe haven and freedom of movement and operation. Our success in combating terrorism could only be ensured by respecting the rule of law, strengthening international cooperation, and promoting sustainable development.
Accordingly, all efforts to combat terrorism shall be in full conformity with fundamental principles of international law in particular sovereignty, sovereign equality, nonintervention, and due respect to political independence and territorial integrity of States.
The Islamic Republic of Iran has manifested its unwavering determination, strong commitment and decisive role in combating terrorism by effectively assisting affected regional States in combating and diminishing terrorist groups such as ISIS and its affiliates.
Nevertheless, the determination of the international community as a whole is vital for eliminating terrorism in all its forms and manifestations. This is even more dire today when we witness heinous terrorist attacks organized and perpetrated against governmental officials, scientists, and in particular regional heroes in combating terrorism like General Ghassem Soleimani, who was assassinated at the direct order of the then U.S. President.
It was indeed a flagrant violation of the principles of humanity and international law and entails the international responsibility of the United States.
Mr. President,
the rapid expansion of information and communication technologies has proved to be an enormous potential source for the development of States. It however has also brought about unprecedented challenges, including providing a ground for criminals to expand their pernicious activities and weaken the rule of law.
Cybercrime has appeared to be a challenge for Member States since such crime is constantly evolving and could transcend borders. Criminals could exploit information and communication technologies to remotely and, in many cases, anonymously commit crimes overseas.
The intensity of this challenge is more conceivable when taking into account the sobering fact that no comprehensive international legal instrument on cybercrime exists. In the absence of such a legal framework, there is no proper and institutionalized international cooperation for a collective and efficient response to cybercrime. Indeed, AALCO’s draft on "Consensual Basic Principles of International Law Applicable in Cyberspace", which introduces a balanced approach to cyberspace, can be considered as a supplement to other initiatives in the international sphere.
Distinguished Delegates; Severe economic and social impacts of corruption, its negative effects on the stability and security of societies, and the magnitude of corruption offenses, have necessitated redoubling our efforts to prevent and combat corruption.
In this regard, the United Nations Conventions against Corruption, as the only relevant comprehensive legally binding international instrument, is an appropriate framework for strengthening and coordinating actions among States Parties against this scourge, including by providing a legal framework for asset recovery as well as facilitating the recovery of proceeds of corruption offenses and their return to the requesting States Parties. Addressing root causes and current barriers of, and collective and coordinated response to, this crime is crucial in the process of return of assets of illicit origin, derived from the acts of corruption.
Furthermore, denying safe haven to the proceeds of crime, returning assets to the requesting State Party, returning such property to its prior legitimate owners, or compensating the victims of the crime, within the framework of the Convention, is considered as practical and proper solutions for combating and tackling corruption.
Attaching great importance to the efforts of AALCO to consider all aspects of the corruption, we believe that the Secretariat activities can provide an appropriate framework for strengthening and coordinating actions in removing challenges on recovery and return of assets and proceeds of crime.
Distinguished Delegates; The ongoing situation in the Gaza Strip and other parts of occupied Palestine is the result of the long-lasting denial of the Palestinian people’s legitimate inherent right to self-determination, well over decades of inaction of the UN Security Council due to unreserved shielding of the Israeli regime by the United States, the persistence of the crimes of the Israeli regime against the Palestinians, confiscation of their lands, demolition of their homes, their forced displacement and collective punishment, as well as the continued desecration of Muslimholy sites, particularly the Al-Aqsa Mosque.
Over the past nearly 80 years, the Israeli regime, which is rooted in terrorism, aggression and brutality, has been and continues to be the main source of instability and insecurity in the Middle East and beyond. This regime has waged nearly 20 wars, including against all its neighbors without exception, and has repeatedly committed all four core international crimes, namely genocide, crimes against humanity, war crimes, and the crime of aggression, and in some cases committed all such crimes simultaneously.
According to norms and principles of international law, this regime is an aggressor and occupier, and by any measure, all its practices including its recent brutalities against Palestinians are inhumane and unlawful, and consequently, the crimes of its officials must not go unpunished.
The recent actions of the Palestinians against the Israeli regime are firmly rooted in the fundamental principle of self-determination, representing a completely legitimate response to seven decades of oppressive occupation and the atrocities committed by the Israeli regime.
In this context, I would like to refer to resolution 37/43 of 3 December 1982, through which, the UN General Assembly “Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle”.
Fully committed to its obligations under international law, and rejecting all attempts to accuse our involvement in the recent actions of the Palestinians, the Islamic Republic of Iran stands in solidarity with Palestine and fully supports the struggle of its people for the realization of their inherent rights to self-determination and the establishment of their own independent State in entire Palestine with Al-Quds Al-Sharif as its capital. Obviously, the Palestinians themselves decide, freely and independently, when and how to exercise this right.
Under the current highly complex situation in Palestine, the international community of States and the United Nations Security Council must live up to their responsibility and compel the Israeli regime to terminate, promptly and unconditionally, all its current brutalities and to bring to an end the illegal occupation of Palestine and other Arab territories currently under its occupation.
Mr. President
Distinguished delegates;
In conclusion, I wish to stress on dire need to prevent the promulgation and application of Unilateral Coercive Measures as a flagrant violation of fundamental principles of international law as set forth in the Charter of the United Nations.
Such unlawful measures endanger the rule of law, harm and hurt the spirit of solidarity, coexistence, and friendly relations between nations, impede freedom of navigation and trade, and adversely impact the full and effective realization of human rights, including social, cultural and economic rights of nations, particularly their right to development.
I thank you, Mr. President.
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