this post was submitted on 11 Sep 2024
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Palestine

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After every successive war crime and crime against humanity perpetrated by Israel in its current genocidal rampage, the single most common refrain of Western government officials (and of Western corporate media) is that “Israel has a right to defend itself.”

No, it does not.

In fact, as a matter of international law, this is a double lie.

A temporary exception to the prohibition on the use of force is codified in Article 51 of the UN Charter for self-defense from external attacks. But importantly, no such right exists where the threat emanates from inside the territory controlled by the state.

This principle was affirmed by the World Court in its 2004 opinion on Israel’s apartheid wall. And the Court found then, and again in its 2024 opinion on the occupation, that Israel is the occupying power across the occupied Palestinian territory. Thus, Israel, as the occupying power, cannot claim self-defense as a justification for launching military attacks in Gaza, the West Bank, East Jerusalem, or the Golan Heights.

Of course, Israel, from within its own territory, can lawfully repel any attacks to protect its civilians, but it cannot claim self-defense to wage war against the territories it occupies.

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