Tuesday, 29 May 2018

The Legal Right To Armed Resistance.


     Do the Palestinian people have the right to defend themselves by armed struggle? Well according to the UN, as an occupied territory, they have that right legally. Israel as the occupier does not have that legal right and as an invader they are the illegal entity in this continuing bloodshed. 
     This from The Palestine Chronicle:
         When Israel says it has a “right to defend itself,” the correct response is to ask from what or whom?
      Not a single Israeli citizen or soldier has been harmed or killed by Palestinians since the protests began. In short, Israel is shooting and killing human beings who pose absolutely zero threat to either the state of Israel or its citizens.
       Moreover, never once have you ever heard an American journalist ask an Israeli war crimes apologist, “Well, don’t Palestinians have a right to defend themselves, too?”
       It’s such a self-evidently obvious and simple question, but no one dare asks it. I mean, why not?
       When Palestinians support non-violent forms of resistance, such as the boycott Israel movement, they’re smeared by Israel as “anti-Semites.” When they protest against their injustices angrily, they’re smeared as violent Arabs, and when they resort to violence, out of sheer desperation, they’re labeled “radical Islamic terrorists.”
         So, I’ll ask again. 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 legitimizes 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].”
        Now we have completely flipped pro-Israel propaganda on its head.
Under international law, Israel’s occupation of the Palestinian territories is illegal, and Palestinians have a right to “armed struggle” against their illegal occupier – Israel – thus ipso facto Palestinians have a right to defend themselves against Israel, but Israel’s right to defend itself against Palestinian resistance is not guaranteed in the same manner.
        This reality should be chanted far and loud for it undercuts every Israeli attempt to couch its violence against the Palestinian people in claims of self-defense.
Read the full article HERE:
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