Palestinian right to resist
The Palestinians' right to resist is a contentious issue deeply rooted in the ongoing conflict between Israel and Palestine, particularly in relation to the Israeli occupation of Palestinian territories. This right, recognized under international law, is based on the principle of self-determination for all peoples under foreign and colonial rule.
The right to resist under international law does not, however, include violence against Israeli civilians.
Legal basis for the right to resist
Palestinians have a recognized right under international law to resist Israeli occupation under Protocol I of the Geneva Conventions.[1][2] This right is affirmed in the context of the right of self-determination of all peoples under foreign and colonial rule.[3][4] The United Nations General Assembly (UNGA) has expressly affirmed the right of Palestinians to resist Israeli military occupation, including through armed struggle.[5][6] General Assembly resolution A/RES/38/17 (22/11/1983) stated that it "Reaffirms the legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by all available means, including armed struggle".[7]
The right to self-defense
The question of self-defense in the Israeli-Palestinian conflict is complex. Advocates argue that if Israel has the right to defend itself by launching airstrikes that destroy Palestinian homes and schools, then surely the Palestinians have the right to defend themselves from Israel's brutal and escalating violence.[8] The Palestinian people have every right to respond to the violence inflicted on them by the Israeli state every day.[9]
Current crisis
The crisis created by the Israel-Hamas war and the ongoing Israeli offensive on the Gaza Strip is a "political and humanitarian catastrophe of epic proportions."[10] Since the start of the Israeli bombing campaign, 7,700 Palestinians have been killed, while more than 19,740 have been injured.[10]
See also
References
- ^ "International Law Guarantees Palestinians the Right to Resist". 29 May 2018.
- ^ "Palestinians Have the Right to Resist Occupation". 26 October 2010.
- ^ "The right to resist in occupied Palestine: denial and suppression | openDemocracy".
- ^ Guarnieri, Mya (December 22, 2011). "Palestinian right to fight occupation not only moral, but legal as well". +972 Magazine.
- ^ "Palestinians and the Right to Resist". CJPME - English.
- ^ Cohen, Stanley L. "Palestinians have a legal right to armed struggle". Al Jazeera.
- ^ "Right of peoples to self-determination - GA resolution". Question of Palestine. Retrieved 2024-01-02.
- ^ "Palestine's Right to Defend Itself". Brookings.
- ^ "Why Palestinians are right to resist Israel". Socialist Worker. October 7, 2023.
- ^ a b "Israel-Palestine crisis has 'reached an unprecedented level of dehumanisation': Independent rights expert | DEPARTMENT OF OPERATIONAL SUPPORT". operationalsupport.un.org.
Further reading
- Falk, Richard (2002). "Azmi Bishara, the Right of Resistance, and the Palestinian Ordeal". Journal of Palestine Studies. 31 (2): 19–33. doi:10.1525/jps.2002.31.2.19.
- Francis, Sahar (2014). "Status of Palestinian Prisoners in International Humanitarian Law". Journal of Palestine Studies. 43 (4): 39–48. doi:10.1525/jps.2014.43.4.39.
- Moughrabi, Fouad (1992). "Israeli Control and Palestinian Resistance". Social Justice. 19 (3 (49)): 46–62. ISSN 1043-1578. JSTOR 29766693.