Palestinian right of armed resistance

For broader coverage of this topic, see Palestinian right to resist.

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.[1]

It is agreed that, under international law, Palestinians have the right to self-determination.[2] 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,[3] as well as several resolutions of the United Nations Security Council and General Assembly.[4] 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.[5] 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.[6] Some scholars argue Palestinians also have the right to self-defense,[7] 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.[8]

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.

  1. ^ Cite error: The named reference Hessbruegge-2017a was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference Bowen-2021 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference Murphy-1983 was invoked but never defined (see the help page).
  4. ^ Quigley 2005, p. 189-191.
  5. ^ Cite error: The named reference Farer was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference Table was invoked but never defined (see the help page).
  7. ^ Cite error: The named reference Brookings was invoked but never defined (see the help page).
  8. ^ Longobardo 2018, p. 121-122.