The Elements of State Formation in International Law and Their Application to Al-Ahwaz

The formation of a state is a fundamental pillar for achieving stability and progress in any human society, which requires fulfilling essential conditions stipulated in international law.
This report examines the elements of state formation as defined by international law—territory, population, and sovereignty—while analyzing how these elements are fulfilled in Al-Ahwaz, based on historical, geographical, political, and social evidence.

First – Territory:
The territory is one of the essential pillars of state formation. International law requires that the territory be defined, stable, and permanent, hosting a population that exercises sovereignty over it and establishes a distinct legal and political system.

1. Defining the Territory:
   Al-Ahwaz is characterized by its strategic geographical location, defined borders, and specified area, despite the Iranian regime’s unjust annexation of parts of it. Nevertheless, the territory has historically remained a stable home for its Arab population, who have considered it their permanent homeland since its inception, fulfilling the international standards for a defined territory.
2. Legal and Political System:
   Throughout history, the people of Al-Ahwaz established a distinctive Arab legal and political system, managing Al-Ahwaz according to independent laws and customs derived from their cultural and national identity. Thus, Al-Ahwaz meets the legal criteria to be a fundamental element in state formation.

Second – Population:
Population forms the second pillar of state formation. It is defined as a group of individuals united by a shared desire to live together and to submit to a single governing authority that represents and administers their affairs.

1. Permanent Residency:
   The people of Al-Ahwaz have resided permanently in their homeland, affirming their enduring connection to it.
2. Ties of Belonging:
   The people of Al-Ahwaz possess strong and enduring ties, reflected in their Arab national identity that unifies them on both objective and subjective levels:
   – Objective Ties:These include unity in ethnicity, race, language, religion, history, and similarity in customs and traditions, all reinforcing the Arab unity of the Al-Ahwaz population.
   – Subjective Ties:These are embodied in a shared desire to live under Arab governance, which fulfills their common aspirations.
3. Components of National Identity:
   – A. Unity of Ethnicity and Race:
   The population of Al-Ahwaz overwhelmingly consists of indigenous Arab tribes that have made the region their homeland since its inception.
   – B. Arabic Language:
   Arabic is the most prominent element of national unity for the people of Al-Ahwaz, serving as their native language and a key unifying factor.
   – C. Religion:
   The majority of Al-Ahwaz’s population are Muslims, which strengthens their cultural and religious unity, with a minority of Arab Sabians forming the exception.
   – D. Common Goals and Interests:
   The people of Al-Ahwaz are united in their aim to achieve national interests, sharing the same language, religion, and homeland.
   – E. Geographical Integration:
   The geographical features of Al-Ahwaz differ significantly from those of Iran and align more closely with Iraq, underscoring its natural connection to the Arab homeland.

Third – Sovereignty:
Sovereignty is the third and fundamental pillar of state formation. It refers to the existence of political and legal entities that organize the internal and external affairs of the state and exercise supreme authority over its territory and population.

1. Historical Sovereignty in Al-Ahwaz:
   Until 1925, Al-Ahwaz enjoyed full sovereignty, without being subjected to foreign dependency or protection. It maintained a functional Arab governance system that represented all characteristics of an independent state under international law.
2. Political and Legal Authority:
   Arab governance in Al-Ahwaz effectively exercised full sovereignty by managing internal and external affairs of the territory, whether the system was monarchical, tribal, or otherwise.
3. Violation of Sovereignty:
   Despite its historical sovereignty, Al-Ahwaz has been subjected to later violations that undermined its legal and political sovereignty, contrary to international law.

Historical, geographical, and social evidence demonstrates that Al-Ahwaz meets the three essential conditions for state formation under international law: territory, population, and sovereignty. However, Iranian policies of annexation and denial of sovereignty constitute a violation of international rules. Therefore, recognizing the historical and national rights of the people of Al-Ahwaz is crucial to achieving justice and establishing the principles of international peace.