"International law prohibits an occupying power from using force to suppress a struggle for self-determination, whereas it does not prohibit a people struggling for self-determination from using force.[1] The International Court of Justice (ICJ) stated in its 2004 advisory opinion that the Palestinian people’s “rights include the right to self-determination,” and that “Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination.” Israel consequently has no legal right to use force to suppress the Palestinian self-determination struggle. Israel also cannot contend that, because this self-determination struggle unfolds within the framework of an occupation, it has the legal right, as the occupying power, to enforce the occupation so long as it endures.[2] In 1971, the ICJ ruled that South Africa’s occupation of Namibia had become illegal because it refused to carry out good-faith negotiations to end the occupation. It is beyond dispute that Israel has failed to carry out good-faith negotiations to end the occupation of Palestinian territory. On the Namibia precedent, the Israeli occupation is also illegal. The only “right” Israel can claim is—in the words of the United States at the time of the Namibia debate—“to withdraw its administration…immediately and thus put an end to its occupation.”[3]
Although claiming for itself the right of self-defense against Hamas projectiles, in fact Israel is claiming the right to maintain the occupation. If Israel ceased using force to suppress the Palestinian struggle for self-determination, the occupation would end, and the projectile attacks would cease. (If they didn’t stop, the legal situation would, of course, be different.) If it ended the occupation, Israel wouldn’t need to use force. The refrain that Israel has the right to self-defense is a red herring: the real question is, Does Israel have the right to use force to maintain an illegal occupation? The answer is no. " (thanks Mouin)
Although claiming for itself the right of self-defense against Hamas projectiles, in fact Israel is claiming the right to maintain the occupation. If Israel ceased using force to suppress the Palestinian struggle for self-determination, the occupation would end, and the projectile attacks would cease. (If they didn’t stop, the legal situation would, of course, be different.) If it ended the occupation, Israel wouldn’t need to use force. The refrain that Israel has the right to self-defense is a red herring: the real question is, Does Israel have the right to use force to maintain an illegal occupation? The answer is no. " (thanks Mouin)
