By : DR.AMIRHOSSEIN NOURBAKHSH & SEYEDE TAHMINE MAZAFFARI
Establishing a state of Israel in the Palestinian Territory is one of the most important
historical events of the twentieth century in the Middle East and the Arab world.
The formation of this government is based on a process that began with the migration
of Jews to the land of Palestine from the last decades of the nineteenth century, with
the desire to revive the “promised currency,” and to embody the dream of Herzl, the
founder of Zionist thought .
These immigrants, in the course of my plans for the Zionist leaders, especially through
the British mandate for Palestine, and the positive views of the Conquerors of World War II, succeeded in widespread Arab ownership and, ultimately, the expulsion of a
large part of the Palestinian land from their lands, It will allow the Israeli government to declare on May 14, 1948, by the leaders of the Jewish Congress . However, this announcement seemed to have been firmly supported by law, in accordance with the decision of the United Nations General Assembly of 19 November 1947 on the division of Palestine, But in reality, the establishment of the Jewish state was, more than a legitimate right, the result of the immigration that the initiators aimed at creating a state of Israel aimed at using the “rule of law” to achieve the goal.
In this article, we are going to examine briefly the foundations of the formation of the
State of Israel in terms of international law. But first you should ask what is basically
identifying? What are its types?
“The identification of a country or a state is an intrinsically political issue in which
states have full freedom to do or not,” said international lawyer Kellyer .
In spite of this freedom, countries tend to consider elements and elements of law in
their assessment, and as a result, the international practice is a condition for
identifying the domestic and international legitimacy of newly founded foundations. ”
Countries, as the main beneficiaries of international law, generally act against the
declaration of the independence of a new state in two ways: either by declaring it in a
formal declaration (two clauses) that is definitive and irrevocable, unless the
diplomatic relations are terminated or Indirectly and in the majority of the agreements
or dispatch of diplomatic representatives (two invoices), which are uncertain and
About identifying Israel We also see different procedures that directly and directly
formally and directly recognize the United States, Europeans and some Eastern
European countries like Egypt and Iran before the revolution. Of course, during the
time of Dr. Mossadegh’s presidency, the Iranian government suspended its relations
with Iran in the context of the international “negative balance” policy,
which continued after the coup of August 28 between the two countries until the
Islamic Revolution .
The main question here is that the international political process of the countries of
the North Atlantic Treaty Organization (NATO) on the implicit coercion of countries, in
particular the non-aligned members of the Non-Aligned Movement, to identify the
State of Israel How does international harmonization work? Some legal writers believe that countries are required to identify a new country if they want to connect with that country.
(2) In this sense, in identifying, if necessary, only as a condition for establishing relations, rather than by itself, countries are obliged to identify this, although the principle of “government sovereignty”, which is enshrined in the charter The United Nations has been recognized for governments, empowering them to identify or identify any state, and the coercion of governments in this regard would violate their sovereignty in foreign policy.
(3) In the United Nations, it should also arise: By referring to Article 2 of the Charter of the
United Nations, since the system established in the Charter is based on the equality of
the sovereignty of all governments, and hence the discretion of States to identify one
The situation should be seen as the cause of their sovereignty, and any requirement to
harm such an option would be unwarranted threats to the sovereignty of the state if
there is no definitive basis in the charter.
(4) We must now, with an impartial view, ask what is the basis of the reasoning of these countries for not recognizing Israel ? The method of refusing to identify with the goal of non-receipt of legitimacy, and on the basis of the abolition of the identification of governments that were unjustly gaining authority, was proposed by Dr. Toubar, the then Ecuadorian Foreign Minister for the first time in Central America .
According to the Tobra theory, the existence of states in domestic justice is not based
on force and the establishment of their government should be based on democratic
standards and the will of the people. Otherwise, identification will not be made.
(5) Today, The Betancourt Theory takes the place of Tobar’s theory ، Countries should
refrain from identifying governments that are constituted by force.
Also in 1970, the United Nations General Assembly proclaimed that one of the
fundamental principles of international law is that land acquisition through illegal force
should not be recognized.According to the materials and procedures ، The international one went through, Iran’s Action After the Islamic Revolution Recognizing Israel and the actions of countries such as Turkey, Egypt and Jordan in dismissing ambassadors and suspending their diplomatic relations with Israel, following the steps taken to identify them from the outset (two factors), are not only opposed to the provisions ofinternational law. But also created a new doctrine in the development of the Betancourt theory .
(Amir Hossein Nourbakhsh – MSc in Public Law) .
1. Kelyard, Claude Alber, International Relations Institutions, Translation of Hedayat
Allah Falsafi, Tehran, Nov. 1368, p. 410.
2- Ziae Bigdeli, Mohammad Reza, Public International Law, Golshan Printing, 1369, p.
3. Gerhard Fan Golan, Income on General International Law. Translated by Seyyed
Dawood Aghaee, Publishing, 1371, p. 102
4- Salimi, Sadeq Criminal Case and Criminal Responsibility in International Law and
Criminal Law of Iran, Tehran, Khayyam, 1997, p. 333 .
5- RAK, Bagherzadeh, Mohammad Reza, The Causes of Self-Recognition of Israel from
the Point of View of International Law, Journal of Knowledge, No 40
6- RK, Bagherzadeh, the same .