Principles of International human rights

In this section of the article, in fact, our goal is to evaluate the countermeasures of Palestinians and Israelis in terms of rights and duties that international human rights observe them. In this regard it is important to separate two categories of principles: first, principles which consider privileges and rights for majority of people –either individual or collective- and governments are required to obey them; second, rules and principles that can be implemented in emergency cases of uprisings and rebellions of people according to the first category, and thus, the face states with especial limitations for establishing order and security.
It should be noted that in this article we solely point out those principles and provisions of international human rights that are along with the objectives of the article.
The rights belong to human beings
Human rights "is the right that a person enjoys in the sense that he is" human ", so that, since we are all human beings equally, those rights are equal. At the same time, human rights are unenforceable because, no matter how we behave, we cannot be gracious to be anything other than humans. "Therefore, it is not possible for an individual or group of individuals to prefer these rights to others or deprived some people from these rights for ethnic and racial reasons. Some of the most important of these rights are:
a. The right to determine destiny
The second part of article one of the Charter of the United Nations emphasizes the right to determine as one of the objectives of the Charter, and Article 55, by proclamation of this principle as one of the foundations of the peaceful and friendly relations of nations, raises it to an obligatory obligation. This principle has enjoyed tremendous status, both in international treaties and in customary international law. Both the Covenant on Civil and Political Rights and economic, social and cultural rights has set the right to determine their fate at the top of other human rights. This principle, which in the traditional international law actually has an anti-colonial territory, includes three groups of nations that are either subjugated by tyranny, or are dominated by foreign rules or people dominated by racist regimes; today in the light of new developments , it has found another face and has become a criterion for assessing the legitimacy of the ruling government in the public interest and maybe justification of international intervention in the internal affairs of the countries in support of the so-called oppressed people. Therefore, "legitimate government in the contemporary world is a decent government is deserved for the people who are pictured in the Universal Declaration of Human Rights: equal independent individuals who collectively form their destiny and are committed to respect all the rights of all their compatriots." Interestingly, Palestinians deserve the right to determine their fates from both perspectives: first, because they are under Foreign occupation by racist regime, and second, because they are deprived of political participation and the enjoyment of political rights and freedoms. Article 21 of the Universal Declaration of Human Rights considers will of the people as the basis of state's power; Article 25 of the Covenant on Civil and Political Rights states: "Everyone has the right to participate in public affairs, directly or through freely chosen representatives." democracy and rights are born of this vision and given the post-Cold War transformation, it finds international enforcement; guarantees such as refusing to extend assistance to governments that are reluctant to democratic reform; changing the criteria for identifying states and governments from the " Political criteria", "effective control over the" legal standard "of democratic legitimacy; the condition for the provision of democracy for membership in unions; the possibility of ignoring the obligations of former non-democratic states by the new democracies; the military intervention of the Security Council against the coup regime and the restoration of democracies (in Haiti and Somalia); issuing permits to force major by purpose of defending democracy and the right to determine the destiny of a nation and human rights in order to avoid endangering international peace and security. In addition to the principles about consolidation of the right to determine the fate in general, the international community as one of the obvious examples of people deserving the rights has repeatedly referred to the Palestinians, for example, resolution 3236 of general assembly of the United Nations and Security Council Resolution 242. The International Palestinian Authority Conference, held in Geneva in 1983 with the participation of 117 governments, while recognizing Israel as occupier, it recognized the rights of the Palestinian people, including the right to determine their fate. It is important to note that in addition to the right of Determining destiny, the right to use force and the right to access weapons to fulfill the principle of determining fate has also been recognized in international documents. The use of force by the Liberation movements is seen as one of the exceptions of the principle of non-use of force in international law.
B. The right to live
The right to live is, in fact, the highest human right that cannot be ruled out at all costs, even during wartime and emergency situations. Article 3 of the Universal Declaration of Human Rights, Article 6 of the Covenant on Civil and Political Rights, and many other international instruments, have recognized this right and prohibited the offense. Examples of violations of this right include: arrest or abduction, with executions on personal opinions or through summary proceedings by political rivals or members of the armed forces or security forces or the police, which are often systematically in some regimes or occur in the course of Armed internally or internationally disputes. It should be noted that the right to live is not an absolute right, and it can be denied in exceptional cases (committing very important crimes), and by a competent court ruling from the competent court and in accordance with the criminal procedure.
C. The right to liberty and personal security
Article nine of the Covenant on Civil and Political Rights, while declaring this right, conditions the denial of this right subject to legal grounds, including the point that no one can be arrested arbitrarily (without permission); no one can be deprived of freedom, except in the directions and in accordance with the procedure prescribed by law. The other articles of this law provide other requirements that in summary are as follows: the need for the detainee to be informed of the reasons for arrest as soon as possible; the need to present him at the prosecutor's office as soon as possible; the rights of the arrested person to the court and considering the legality of his detention and issuing a warrant for his release in the event of the illegal detention; the right to compensation in the event of the illegality of detention. In addition to the above requirements gives the right to free travel and free choice of housing in their territory, the freedom to leave the country and the prohibition of arbitrary deprivation (without permission) of people from returning to the country (Article 10 of the Covenant on Civil and Political Rights ). Personal security requires a government commitment to provide some of the minimum protections and supports to those individuals whose integrity or physical condition may be threatened by private persons. The disappearance of individuals is one of the types of violation of this right.