Palestinian right to resist
The Palestinians' right to resist is a significant 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.[1]
Under international law the right to resist excludes recourse to violence against civilians.[2]
Right to armed resistance
Many scholars have argued that Palestinians have the right to resist under international law, including armed resistance. This right to resist is in a jus ad bellum sense only; the conduct of such resistance (jus in bello) must be in accordance with laws of war. This implies that attacks on Israeli military targets could be allowed but attacks on Israeli civilians are prohibited. Whether it is Palestinians who have the right to resist against the Israeli occupation, or it is Israel that has the right to self-defense against Palestinian violence, is one of the most important questions in the Israeli-Palestinian conflict.[3]
It is agreed that, under international law, Palestinians have the right to self-determination.[4] Many scholars support Palestinians' right to use armed struggle in pursuit of self-determination. Such a right is derived from Protocol I, Declaration on Friendly Relations,[5] as well as several resolutions of the United Nations Security Council and General Assembly.[6] Some writers caution that force can only be resorted to after non-violent means of achieving self-determination have been exhausted while other scholars state that Palestinians have indeed exhausted all non-violent means.[7] As evidence, such writers point to the failure of the Oslo Accords to bring about Palestinian self-determination, believing that armed resistance is the only option.[8] Some scholars argue Palestinians also have the right to self-defense,[9] but others point out that not everyone recognizes the State of Palestine and insist that only the ousted sovereign may invoke self-defense from an occupied territory.[10]
Scholars who support a right to armed resistance agree that such a right must be exercised in accordance with international humanitarian law. In particular, only Israeli soldiers may be targeted, and civilians must be spared. The State of Palestine has ratified and is a party to the Geneva Conventions.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.[11][12][1] This right is affirmed in the context of the right of self-determination of all peoples under foreign and colonial rule.[13][14] The United Nations General Assembly (UNGA) has expressly affirmed the right of Palestinians to resist Israeli military occupation, including through armed struggle.[15][16] 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".[17]
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, educational institutions, medical facilities and religious sites, then surely the Palestinians have the right to defend themselves from Israeli and settler violence.[18][19][20]
Right to non-armed resistance
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See also
- Palestinian self-determination
- Watermelon (Palestinian symbol)
- Palestinian right of return
- Israel-Hamas war
- 2024 Beijing Declaration
Notes
- ^ a b Cohen, Stanley L (2017-07-20). "Palestinians have a legal right to armed struggle". Al Jazeera. Retrieved 2024-06-20.
Long ago, it was settled that resistance and even armed struggle against a colonial occupation force is not just recognised under international law but specifically endorsed. In accordance with international humanitarian law, wars of national liberation have been expressly embraced, through the adoption of Additional Protocol I to the Geneva Conventions of 1949 (pdf), as a protected and essential right of occupied people everywhere.
- ^ Jeremie Bracka, Transitional Justice for Israel/Palestine:Truth-Telling and Empathy in Ongoing Conflict, Springer International Publishing 2022 ISBN 978-3-030-89435-1p.80:'Ultimately, any Palestinian right to resist does not negate criminal liability for widespread killing of civilians, either by suicide bombing or by indiscriminate rockets.'
- ^ Hessbruegge, Jan Arno (2017). Human rights and personal self-defense in international law (First ed.). New York, NY: Oxford University Press. pp. 316–317, 320–321. ISBN 9780190655020.
- ^ Bowen, Stephen (2021). Human Rights, Self-Determination and Political Change in the Occupied Palestinian Territories. Brill. pp. 125–127.
- ^ Murphy, John F. (1983). The United Nations and the control of international violence: a legal and political analysis. Manchester: Univ. Press. p. 145. ISBN 978-0-7190-0942-6.
- ^ Quigley 2005, p. 189-191.
- ^ Farer, Tom. Confronting Global Terrorism and American Neo-Conservatism. Oxford University Press. p. 188.
- ^ Table, Al Jazeera Round. "Forum: How can Palestinians legally fight occupation?". Al Jazeera. Retrieved 2024-06-20.
- ^ "Palestine's Right to Defend Itself". Brookings. Retrieved 28 August 2024.
- ^ Longobardo 2018, p. 121-122.
- ^ "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.
- ^ Table, Al Jazeera Round. "Forum: How can Palestinians legally fight occupation?". Al Jazeera. Retrieved 2024-06-20.
- ^ "Israel must end its occupation of Palestine to stop fuelling apartheid and systematic human rights violations". Amnesty International. 2024-02-19. Retrieved 2024-06-20.
References
- 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.
- Jamshidi, Maryam (2024). "Genocide and Resistance in Palestine under Law's Shadow". Journal of Genocide Research: 1–35. doi:10.1080/14623528.2024.2348377.
- Longobardo, Marco (2018). The Use of Armed Force in Occupied Territory. Cambridge University Press. ISBN 9781108562027.
- Moughrabi, Fouad (1992). "Israeli Control and Palestinian Resistance". Social Justice. 19 (3 (49)): 46–62. ISSN 1043-1578. JSTOR 29766693.
- Quigley, John (2005). The Case for Palestine: An International Law Perspective. Duke University Press. ISBN 9780822386766.
- Sabel, Robbie (2022). International law and the Arab-Israeli conflict. Cambridge, United Kingdom; New York, NY: Cambridge University Press. ISBN 9781108762670.