Legality & Legitimacy of Palestine Arm Struggle

“The (Israeli) occupation of (Palestine) is illegal and cannot be made legal. All that has derived from (it) is illegal and illegitimate and cannot gain legitimacy. The facts are incontrovertible. What are the consequences?”

“Peace, stability and democracy in (Palestine) are impossible under occupation. Foreign occupation is opposed by nature to the interests of the occupied people, as proven” by:

• the forced diaspora;
• many others internally displaced or in refugee camps for decades;
• harsh military subjugation;
• a regimented matrix of control;
• the genocidal Gaza siege;
• state-sponsored mass incarceration, violence, and torture;
• the flaunting of international law and dozens of UN resolutions;
• targeted assassinations;
• the many tens of thousands of Palestinians killed, injured, or otherwise grievously harmed;
• massive land theft and home demolitions;
• the lack of judicial redress;
• denying all rights to non-Jews; and
• a decades-long reign of terror against defenseless Palestinian civilians.

Western propaganda tries to justify the unjustifiable, vilify ordinary people, call the legitimate government “terrorist,” rationalize savage attacks as self-defense, reject the rights of the occupied, and deny their self-determination.

“In (Palestine, people) resist the occupation by all means (including armed struggle), in accordance with international law. “The Commission on Human Rights has routinely reaffirmed” it. So have numerous General Assembly resolutions. The March 1987 Geneva Declaration on Terrorism states:

“Terrorism originates from the statist system of structural violence and domination that denies the right of self-determination to peoples….that inflicts a gross and consistent pattern of violations of fundamental human rights….or that perpetuates military aggression and overt or covert intervention directed against the territorial integrity or political independence of other states,” such as Palestine.

The UN General Assembly has “repeatedly recognized” the rights of “peoples who are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination (to) have the right to use force to accomplish their objectives within the framework of international humanitarian law.”

It also recognizes the legitimacy of self-determination seeking national liberation movements and their right to strive for and receive appropriate support for their struggle. Further, under the UN Charter’s Article 51, “individual or collective self-defense (shall not be “impair(ed) to respond against) an armed attack.”

In other words, armed force is a legitimate form of self-defense as distinguished from “acts of international terrorism,” especially by one state against another or any group, organization, or individual. Israel refuses to accept this. It continues an illegal occupation, calls armed resistance “terrorism,” and imposes its will oppressively and illegally.

Read further The Russell Tribunal on Palestine.