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.[1]
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.[2][3][1] This right is affirmed in the context of the right of self-determination of all peoples under foreign and colonial rule.[4][5] The United Nations General Assembly (UNGA) has expressly affirmed the right of Palestinians to resist Israeli military occupation, including through armed struggle.[6][7] 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".[8]
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.[9][10][11]
See also
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.
- ^ "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.
- 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.