New Article: The Palestinian people have the right of resistance by all means consistent with the principles of the UN Charter *
By: Dr. Shahd Hammouri**
University of Kent
Abstract
Resistance by the Palestinian people by all means available at their disposal against an illegal occupying power is a legitimate act. To deprive peoples of such a right is to deny their right to equality and human dignity in contravention of the UN Charter. The legitimacy of resistance is prompted by the gravity of the illegality at hand, the absence of political will to seize the international community on the matter, and the asymmetrical position in which the subjugated people are placed. The legitimacy of such resistance has been ascertained in different sources of international law. The ascertainment of such legitimacy is clear when sources are read with just consideration for the positions of states and scholars of the global south in the making of international law.
Such resistance is not inconsistent with the prohibition on the use of force, as it is a form of collective self-defence by peoples. Neither is such resistance prohibited by International Humanitarian Law, under which people are not under an obligation of allegiance to the occupying power and are subsequently allowed recourse to arms in their resistance against an illegal occupying power.
As a consequence, third states are under the obligation to recognize the legitimacy of the Palestinian people’s resistance, and the State of Israel is under the obligation to refrain from persecuting Palestinians for legitimate resistance. Further, Israel may not invoke self-defence against such forms of resistance as grounds necessitating or justifying violations of international law.***
* In an earlier version of this article, the title was ‘The Palestinian People have the right to resistance by all means available at their disposal.’ Since the author was examining the right of resistance within the framework of rules governing the use of force (Jus ad bellum), there was no need to emphasize that this right, like the right of self-defense, is bound by other principles of international law, particularly those of international humanitarian law (Jus in bello). Nevertheless, to avoid any potential ambiguity, this affirmation has been clarified through a minor adjustment to the title: ‘The Palestinian people have the right of resistance by all means consistent with the principles of the UN Charter.’
** Dr Shahd Hammouri is a Lecturer in Law at University of Kent. Her research lies at the intersection of Public International Law, International Economic Law and Legal Theory. She was a researcher and a consultant on international law at a number of civil society organisations including the European Centre for Constitutional and Human Rights (ECCHR), Transparency International, Syrian Legal Development and HEC, Paris. She is a member of the Executive Committee at Lawyers for Palestinian Human Rights.
*** Law for Palestine bears no responsibility for the content of the articles published on its website. The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the official policy or position of the Organisation. All writers are encouraged to freely and openly exchange their views and enrich existing debates based on mutual respect.
