Palestinians have a recognized right under
international law to
resist Israeli occupation under
Protocol I of the
Geneva Conventions.[2][3][1] This right is affirmed in the context of the right of self-determination of all peoples under foreign and colonial rule.[4][5] The
United Nations General Assembly (UNGA) has expressly affirmed the right of Palestinians to resist Israeli military occupation, including through armed struggle.[6][7] General Assembly resolution A/RES/38/17 (22/11/1983) stated that it "Reaffirmsthe 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".[8]
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.[9][10][11]
^
abCohen, 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.
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.
Sabel, Robbie (2022). International law and the Arab-Israeli conflict. Cambridge, United Kingdom ; New York, NY: Cambridge University Press.
ISBN9781108762670.