The project to restore legitimacy to the occupied Arab state of Al-Ahwaz according to legal rules in international law, charters, treaties and international foundations
Ahwaz state after the Persian occupation in 1925 AD from the perspective of international law:
International legal scholars agree that the pillars that must be provided for the emergence of a state are the land, the people, and sovereignty, or a government as some of them call it. When these pillars are available, the state, by virtue of international law, is considered existing, personal, and international, and has its regard, entity, and the right to exercise its sovereignty over its territory and to manage its internal affairs and external relations.
When looking, according to the international legal concept of the emergence of states, in the reality of Arab rule in Al-Ahwaz, we find that the pillars of the state were available in it throughout its long history, which extends since the emergence of the country itself, and this is a proven fact that we will confirm by what follows with reference to the fact that withholding the pillar of sovereignty in some periods in which Al-Ahwaz was subject to external influence does not violate its firm legal right to restore this sovereignty and include it with the other two pillars of the emergence of the state and also has postponed its international presence and exercise its rights approved by International jurisprudence and international law.
- Territory:
International law is sufficient to describe the region as one of the pillars of the emergence of the state to be specific, stable and permanent for a people who resided in it and established a legal and political system on it.And since the Al-Ahwaz region is defined by its location, borders, and area, despite the Iranian government’s deduction of parts of it by an illegal and illicit solitary act, and since the people of Ahwaz have taken this region or this land since its inception as its permanent settlement and established a legal and political system of its own, so it is specialized in the administration of the region and its rule, so the pillar of the region as required by international law is considered available in the Arab government in Al-Ahwaz and has existed in it since its inception throughout its history.
- The people:
International law defines the people, as one of the pillars of the emergence of the state, as a group of people who reside permanently in a specific region and whose members bring together the desire for coexistence and submission to the jurisdiction of a ruler who represents them and specializes in managing their affairs as a state. This pillar is available in the Al-Ahwaz people throughout their history because they have resided permanently in their territory since its inception, and because its members are bound by the bonds of belonging and loyalty to the Arab rule in it (the legitimate national authority) those ties that were embodied mainly by the Arab National League with its objective and personal appearance
, where the objective appearance is represented by the unity of race or Gender, language, religion, history and similarity of customs and traditions.
The personal appearance is represented by the common feeling and desire to live under the rule of Arab rule, which aims to achieve their national and national interests and aspirations. Therefore, Arab nationalism is the solidarity ties that unite the members of the Ahwaz people and confirm that they are part of the Arab nation according to these evidences:
- The unity of race and gender:
It is represented in the formation of the people by an overwhelming absolute majority of the indigenous Arab tribes who have taken Al-Ahwaz since its inception as their home.
- The Arabic language:
Language in general is the most powerful national bond, and it expresses the unity of the individuals of one nationality and distinguishes them from others and creates in them a belief that they differ from others and are separate from them, and that they have their own interests and goals. The Arabic language is the language of the Al-Ahwaz people and it links them with an inseparable bond and pulls them together.
- The religion:
All members of the Ahwaz people are Muslims, and this increases the strength of the bond that unites them as a people with one belief.
- Common goals and interests:
The people of Ahwaz are linked by a strong moral bond represented by a sense of one belonging and the need to achieve the common goals and interests of the whole people, given that they are of one origin, have one language, one religion and their land is the same.
- Geographical integration:
The natural geographical phenomena between Al-Ahwaz and Iran are completely different, which made the people of Al-Ahwaz feel that their region is completely different from the region of Iran. This feeling has supported the people’s sense of the unity of their region and its distinction from the region of Iran, also the similarity of these phenomena with the rest of the countries of the Arab world made the Arab people in Al-Ahwaz realize their belonging to the Arab world, considering that their land is an extension of the great Arab homeland and that the Al-Ahwaz people are part of the Arab nation.
- Sovereignty:
Sovereignty, as the third pillar of the emergence of the state, requires the existence of organized political and legal bodies that have the supreme say in the state, and that supervise the affairs of the people and the region in a way that preserves its entity and achieves its growth, with the help of its legislative, executive and judicial powers.
In order for the state to be established its existence, in addition to the two pillars of the land and the people, must have a third pillar which is the presence of a government that enjoys the powers that enable it to carry out its functions and is responsible to other political groups for all matters related to its territory and its people.
This element of international law is expressed as (sovereignty), as sovereignty is the political and legal authority over the region to which it is concerned and includes in its jurisdiction all persons and things in that region, or it is the state’s ability and independence to dispose of all its internal and external affairs as the supreme legislative power or the power of self-organization within its region.
It must be pointed out here that the form of the system of government in any region does not mean anything at all regarding the availability of sovereignty in the state based in this region, whether the system is democratic, dictatorial, clan or other, international law does not look into this form and considers sovereignty to be available regardless of the form of the system of government and considers the state existing when the other two pillars of the emergence of states are present, thus it is recognizing the right and freedom of each state to choose a system rule and organize its management in the manner it deems appropriate for it
And if the origin was the freedom of the state to exercise its internal and external aspects of sovereignty, then the Arab rule enjoyed in Al-Ahwaz until 1925 AD, as we previously explained, these aspects in accordance with the requirements of international law, as it was neither dependent nor protected despite its acceptance of some obligations that restricted its sovereignty in some periods and this It is a natural matter that applies to every country. A foreign army may invade the territory of a country and lose its sovereignty temporarily, or it may request protection of another country against an enemy that threatens its independence. When this army is defeated or the threat is over, it gets rid of protection and regains its full sovereignty.
Thus, it is confirmed that the Arab rule in Al-Ahwaz was actually representing the concept of the state in accordance with the rules of international law with the availability of its three pillars: the territory, the people and sovereignty. Therefore, the legal situation in Al-Ahwaz in 1925 did not go beyond being a territory under absolute Arab sovereignty that exercised manifestations of its absolute sovereignty over all the territory through history.
