Palestinian right to resist

Lua error in Module:Effective_protection_level at line 63: attempt to index field 'TitleBlacklist' (a nil value). 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

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

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.^[10]^[11]^[12]

Right to non-armed resistance

Notes

^ ^1.0 ^1.1 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.'
^ "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.

[Cohen-2017-1] 1.0 ^1.1 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.

[2] 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.'

[3] "International Law Guarantees Palestinians the Right to Resist". 29 May 2018.

[4] "Palestinians Have the Right to Resist Occupation". 26 October 2010.

[5] "The right to resist in occupied Palestine: denial and suppression | openDemocracy".

[6] Guarnieri, Mya (December 22, 2011). "Palestinian right to fight occupation not only moral, but legal as well". +972 Magazine.

[7] "Palestinians and the Right to Resist". CJPME - English.

[8] Cohen, Stanley L. "Palestinians have a legal right to armed struggle". Al Jazeera.

[9] "Right of peoples to self-determination - GA resolution". Question of Palestine. Retrieved 2024-01-02.

[10] "Palestine's Right to Defend Itself". Brookings.

[11] Table, Al Jazeera Round. "Forum: How can Palestinians legally fight occupation?". Al Jazeera. Retrieved 2024-06-20.

[12] "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.

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