The humanitarian crisis in Gaza epitomises t h e protracted colonial subjugation of Palestinians since the Nakba of 1948, marked by systemic displacement, settler colonialism, apartheid, and the denial of sovereignty. This report situates Palestinian resistance within the framework of international law, asserting its legal legitimacy as a response to decades of colonialism. By examining the right to self-determination as a jus cogens norm, it explores the legal basis of armed resistance as codified in UN General Assembly Resolutions (1970) 2625 (1960) 1514, and (1982) 43/37, alongside IC) advisory opinions and judicial precedents from decolonization movements. Engaging with Third World Approaches to International Law (TWAIL), the report critiques the politicisation of international law and its failure to address Israel’s prolonged military occupation and indiscriminate use of force. I t further interrogates the post-11/9 securitisation of liberation movements, which has redefined struggles for self-determination as “terrorism,” enabling neocolonial occupations to persist. Advocating for a framework grounded in equitas and substantive legal principles, the report argues that Palestinian resistance constitutes a legally grounded exercise of self-determination. It also highlights the necessity of reevaluating the efficacy of international law to address the intricacies of prolonged military occupations and to reaffirm the inalienable rights of colonised peoples to resist foreign invasion, colonial subjugation and alien domination.
Citation: Nasir Qadri & Hüseyin Dişli, On the Legitimacy of Armed Resistance in the Context of Self-Determination: A Legal Examination of Palestinian Resistance Under International Law (WOLAS & Hukukçular Dernegi, January 2025).
