The Right to Resistance and Armed Struggle Against Occupation and Its Relation to the Right to Self-Determination (Emphasizing Developments in the Gaza Strip)

Document Type : Original Article

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Abstract

In international law, the "right to resistance" is closely linked to the "right to self-determination" and "the rights regarding the occupation of territory." The right to self-determination for people is realized through the struggle against colonial domination, territorial occupation, and racist regimes. On the other hand, the "right to resistance" is a human right and an inherent right to defend oneself against aggression and military occupation, rooted in religion, philosophy, and history. In contemporary times, the "right to resist against occupation, subjugation, domination, and foreign exploitation" is recognized by the United Nations Charter and various resolutions of the UN General Assembly. This qualitative research, conducted using a descriptive method, seeks to answer the question: What is the relationship between the right to resistance against occupation and the right to self-determination, and how is the exercise of these rights manifested in the occupied territories of Palestine? The findings indicate that numerous UN resolutions, international jurisprudence, and the four Geneva Conventions affirm that people under occupation have the right to struggle for their self-determination using all available means, including resorting to arms under the right to resistance. Consequently, resistance groups and liberation movements representing the occupied people in Palestine (the West Bank and Gaza Strip) are entitled to use military force against the occupying Zionist regime within the framework of the laws of occupation and international humanitarian law. However, this regime, as the occupying power, has only supportive obligations and does not

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