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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]
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.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 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]
According to Human Rights Watch, Israel bans Palestinians in the West Bank from exercising civil rights including the right to assemble. [21]
The United Nations condemned Israel's response to the 2018–2019 Gaza border protests and called for a probe, writing: "The experts remind the Government of Israel that peaceful protest is a legitimate exercise of the rights of freedom of expression, assembly, and association, and that Israel, as the occupying power, is obligated to protect and to respect the human rights of the Palestinians living in occupied Gaza." [22] According to the BBC, the United Nations Human Rights Council inquiry reported that "more than 6,000 unarmed demonstrators were shot by military snipers at designated protest sites over nine months." [23]
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.