New Research Explores Right to Resist Occupation, Focusing on Palestine
The Journal of Legal Studies has published a research article titled “The Right to Resist Against Occupation: Emphasizing the Situation in Palestine” by Amir Maghami and Omid Shirzad in its March 2024 issue (Volume 16, Issue 1, Pages 1-42).
Key Insights
Maghami and Shirzad examine the legal foundations and implications of resistance to occupation under international law, particularly in the context of Palestine. The article argues that the conflict between resistance groups and occupying powers, such as Israel in Palestine, is governed by international humanitarian law.
The authors ground their analysis in the doctrines of natural rights and self-determination, drawing on the works of philosophers like Locke and Kant. They assert that the right to resist occupation is supported by international legal instruments, including the First Additional Protocol of 1977 to the Geneva Conventions.
Occupation and Resistance
The study explores the complex concept of “occupation” and its implications for human rights. It argues that civilians in occupied territories have a right to armed resistance as a form of self-determination against illegal occupation.
Legal and Ethical Considerations
Maghami and Shirzad emphasize the importance of exercising the right to resist within the boundaries of humanitarian law. They highlight the responsibilities of resistance groups to avoid civilian harm and uphold legitimacy by adhering to international legal standards.
Implications for Palestine
Focusing on the Palestinian territories, the study argues that Palestinians have a legitimate right to resist occupation, supported by various United Nations resolutions. The authors call for international support to end the occupation and restore self-determination for Palestinians.
For more insights, the full article is available in The Journal of Legal Studies, March 2024 issue, Volume 16, Issue 1, Pages 1-42. Link here
It is noteworthy that Law for Palestine has previously published a paper by Dr. Shahd Hammouri titled “The Palestinian People Have the Right of Resistance by All Means Consistent with the Principles of the UN Charter.” Link here.
