Resistance is justified when Palestine is occupied – How to shift public opinion on resistance – Forum notes

On 24 August 2024, we had the privilege of engaging in a nearly two-hour discussion with Dr. Shahd Hammouri and Sara Saleh. The conversation was not only highly informative and educational but also truly inspiring. We are grateful for the opportunity to share the key insights and takeaways from this enriching forum.

*Zionism and International Recognition*

Zionism has been recognised as a form of racism, as acknowledged in the past. The international community initially recognised Palestine as colonised land and people. Following the Oslo Accords, the terminology changed to “occupation,” reflecting a softer description.

*Resistance and Legitimacy*

The question of who has the right to resist is central. Resistance by the Palestinian people by all means available at their disposal against an illegal occupying power is a legitimate act. To deprive people of such a right is to deny their right to equality and human dignity in contravention of the UN Charter.

In South Africa, where resistance included strikes, protests, and international appeals, armed resistance was considered a last resort when peaceful methods failed.

Historical events, such as the 1938 revolution in Palestine, demonstrate various forms of resistance. International law applies differently to non-European nations. It found the Warsaw Uprising or the Ukrainian struggles legitimate but framed the resistance in Palestine differently. Similarly, international law related to civilians also didn’t apply to the French colonisation of Algeria.

*International Law and Occupation*

Under international law, even under occupation, people have the right to resist within legal bounds, while an occupying power has no right to penalise the resistance. However, the concept of self-defence does not apply to an occupying power, the aggressor. Israel’s security concerns cannot override Palestinian security concerns or justify violations of international law. The notion of self-defence does not apply to Israel as an occupying force. Their whole claim of self-defence is entirely false and fabricated. Even if Israel considers that it has the right to self-defence, its actions must comply with international law. For instance, its “self-defence” should have ended on 8 October 2023, when they would have pushed the resistance back into Gaza.

*Legitimate Resistance*

Legitimate resistance includes speaking out and taking action on the ground. Historical examples show that broad forms of resistance, from non-violent to armed, were used when peaceful efforts were insufficient. The South African resistance and Algerian struggles highlight how movements evolve, but current Palestinian resistance faces limitations on freedom of speech and action.

*International Law and Media*

International law is often outdated, with the last significant update in 1945. The media plays a crucial role in shaping international legal standards and holding governments accountable. The Geneva Convention mandates avoiding civilian casualties, yet Israel’s indefinite occupation of Palestinians and its selective use of international law are contentious issues.

*BDS Movement*

The Boycott, Divestment, and Sanctions (BDS) movement advocates for international pressure on Israel through energy and arms embargoes, similar to the global effort that ended apartheid in South Africa. BDS encourages individuals and corporations to disengage from Israel to disrupt its war economy. BDS is also important in arts and culture. Despite some US states criminalising BDS, it remains a peaceful form of protest protected under international law.

*Future Actions and Accountability*

To prevent the outlawing of BDS and ensure compliance with international obligations, individuals should engage with parliamentary representatives and use the language of international law. In Australia, follow the advice and language of the Australian Centre for International Justice (ACIJ) when engaging with politicians who refer to Australia’s obligations under international law. ACIJ clearly states that the ICJ’s decision is binding, and Australia must cooperate with its ruling and recognise Palestinian resistance efforts.

*Addressing Misinformation and Promoting Justice*

The media often distorts realities, focusing on certain narratives while neglecting others. The struggle for Justice and truth, not just for Palestine but globally, requires persistent advocacy. Engaging with Jewish communities and ensuring that international forums address Justice for all, including Palestinians, is vital. This is their struggle, just as it is of Palestinians.

*Conclusion*

The struggle for Justice and liberation, whether for Palestinians or other marginalised groups, is deeply interconnected. It involves addressing injustices, advocating for international law, and fostering a broader understanding of resistance. Our efforts must be continuous, focusing on truth, Justice, and solidarity across borders. Governments do not represent us, and neither does the media, but it doesn’t mean we cannot represent ourselves. Learn the language of international law and use it. We must do this to show the next generation we did our utmost. While we face formidable challenges, even the greatest power can be overcome. Despite attempts to make us lose hope and give up, we must remain steadfast and determined. People are waking up globally, and the change is coming.

We extend our sincere gratitude to the Palestine Justice Movement, Addi Road, Dr. Shahd Hammouri, and Sara Saleh for an excellent and insightful discussion.

References: https://law4palestine.org/the-palestinian-people-have-the-right-to-resistance-by-all-means-available-at-their-disposal-dr-shahd-hammouri/

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