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‘The UN Charter, a treaty binding on all member states, codifies key rights and responsibilities of states. Among these are the duty to respect the self-determination of peoples (including the Palestinians), the duty to respect human rights, and the duty to refrain from the use of force against other states (where not authorized by the Security Council). Israel, for the 76 years of its existence, has been repeatedly in breach of these principles.
A temporary exception to the prohibition on the use of force is codified in Article 51 of the UN Charter for self-defense from external attacks. But importantly, no such right exists where the threat emanates from inside the territory controlled by the state. This principle was affirmed by the World Court in its 2004 opinion on Israel’s apartheid wall. And the Court found then, and again in its 2024 opinion on the occupation, that Israel is the occupying power across the occupied Palestinian territory. Thus, Israel, as the occupying power, cannot claim self-defense as a justification for launching military attacks in Gaza, the West Bank, East Jerusalem, or the Golan Heights.
Of course, Israel, from within its own territory, can lawfully repel any attacks to protect its civilians, but it cannot claim self-defense to wage war against the territories it occupies. In fact, its principal obligation is to protect the occupied population. In doing so, an occupying power can undertake essential law enforcement functions (as distinct from military operations). But, given that the World Court has subsequently found that Israel’s occupation of the territories is itself entirely unlawful, even those functions would likely be illegitimate, except as strictly necessary to protect the occupied population and within a short timeline of withdrawal.
In its most recent opinion, the Court has declared that Israel’s presence in the territories violates the principle of self-determination, the rule of non-acquisition of territory by force, and the human rights of the Palestinian people and that it must quickly end its presence and compensate the Palestinian people for losses suffered. As a matter of law, every Israeli boot on the ground, every Israeli missile, jet, or drone in Palestinian air space, and even a single unauthorized Israeli bicycle on a Palestinian road, is a breach of international law.
In sum, Israel’s lawful remedy for threats that it alleges emanate from the occupied territories is to end its unlawful occupation, dismantle the settlements, leave the territories, remove the siege, and fully relinquish control to the occupied Palestinian people.
Here, international law is a simple reflection of common sense and universal morality. A criminal cannot take over someone’s home, move in, loot its contents, imprison and brutalize the inhabitants, and then claim self-defense to murder the homeowners when they fight back. ‘
No, Israel does not have a right to defend itself in Gaza. But the Palestinians do.
Basic morality and simple logic dictate that the right of self-defense belongs to the Palestinian people, not to their oppressor. And international law agrees.
mondoweiss.net
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