International law guarantees Palestinians the right to resist

If Israel's occupation of Palestinian territories is illegal—and it is—under international law, then by definition Palestinian resistance of that occupation is legitimate


Do Palestinians have a right to defend themselves?

The answer to that question is a resounding yes.

In fact, international law is unambiguous in its endorsement of “armed struggle” for peoples who seek self-determination under “colonial and foreign domination.”

United Nations resolution 37/43, dated 3 December 1982, “reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle.”

Moreover, the resolution’s preamble makes clear that it refers not to a hypothetical in the abstract, but rather specifically to the rights of Palestinians, stating, “Considering that the denial of the inalienable rights of the Palestinian people to self-determination, sovereignty, independence and return to Palestine and the repeated acts of aggression by Israel against the peoples of the region constitute a serious threat to international peace and security.”

Lynda Burstein Brayer is an Israeli-trained human rights lawyer, and she affirms the legal and moral right Palestinians have to armed struggle against Israel’s occupation, noting, “This document [UN resolution 37/43] legitimises all national liberation struggles, including, at this time in history, most particularly, the Palestinian people’s struggle for its own freedom. It is this right which legitimises all Palestinian attempts to lift the yoke of Israeli oppression from Palestine, including all the actions taken by the Palestinians during Operation Cast Lead [Israel’s 2008/09 siege of Gaza].”

https://www.trtworld.com/opinion/international-law-guarantees-palestinians-the-right-to-resist-17810


Updated link:

https://hrvoices.org/document/general-assembly-resolution-3743-reaffirming-the-legitimacy-of-the-struggle-of-peoples-against-foreign-occupation/


1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination and independence by peoples under colonial and foreign domination;

2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle;

3. Reaffirms the inalienable right of the Namibian people, the Palestinian people and all peoples under foreign and colonial domination to self-determination, national independence, territorial integrity, national unity and sovereignty without outside interference;


And:


Palestinians have a legal right to armed struggle

It’s time for Israel to accept that as an occupied people, Palestinians have a right to resist – in every way possible.

https://www.aljazeera.com/opinions/2017/7/20/palestinians-have-a-legal-right-to-armed-struggle/