Understanding the Right to Resist: Perspectives from Law Professors
In a recent episode of the “Mawazine” program aired on the Al Jazeera 360 platform, law and political science professors discussed the complex issue of self-determination for occupied peoples, particularly focusing on the rights of Palestinian resistance movements, including Hamas. They argue that international law supports the right of occupied peoples to resist their occupiers, emphasizing that the Israeli occupation is the only settler occupation recognized today. Professor Saif al-Din Abdel Fattah stated that the narrative surrounding the Israeli-Palestinian conflict should not begin with recent events, but rather be viewed within a broader historical context.
The Legitimacy of Armed Resistance
Professor Abdul Salam Al-Anzi from Kuwait University highlighted that Hamas is viewed as a legitimate national military group fighting for its homeland. He referenced the United Nations General Assembly's stance on self-determination, asserting that armed resistance is a recognized right of oppressed peoples. In contrast, calls for the disarmament of Palestinian factions were critiqued by Professor Hasni Obaidi, who noted that such demands are inconsistent with international law and the political realities surrounding the Palestinian struggle.
Legal Accountability for War Crimes
The professors also discussed the legal implications of Israel’s actions in Gaza, labeling them as potential war crimes under international humanitarian law. They emphasized the necessity for accountability, with calls for international legal actions against Israel to be pursued through the International Court of Justice and the International Criminal Court. The recent case filed by South Africa against Israel for genocide was cited as a significant step in holding states accountable for their actions against occupied peoples.
