Critical to understand and accept legal rights of Palestinians and Israelis

THE EDITOR, Madam:

I am writing with reference to The Gleaner editorial of August 3 titled “Palestinian Sovereignty”. The editorial’s call for justice in Palestine is commendable but overlooks key facts and legal positions that are crucial to resolving the injustice meted out to Palestinians for decades.

First, Israel is an occupying power and bound by international law. As an occupying power, Israel has no inherent right to self-defence against the population under its occupation. According to Article 42 of the Hague Regulations (1907), an occupying power does not possess the right to take military actions for self-defence against the occupied population. Moreover, the Fourth Geneva Convention (Article 33) prohibits collective punishment, a practice repeatedly used by Israel against Palestinians. The UN Charter (Article 51) recognizes the right of self-defence only when a state is subject to an armed attack, not when it is the occupying power.

In its 2004 Advisory Opinion on the Legal Consequences on the Construction of a Wall in the Occupied Palestinian Territory, the International Court of Justice stated that Article 51 is irrelevant under the circumstances of Israeli occupation of Palestine.

Second, Israel’s actions in Gaza cannot be framed as a legitimate defence against Hamas. The Likud party’s vision, as outlined in its Charter, advocates for a “Greater Israel,” from the Jordan River to the Mediterranean Sea, asserting: “The right of the Jewish people to the land of Israel is eternal and indisputable …..; between the Sea and the Jordan there will only be Israeli sovereignty.” (Likud Charter, Article 4)

Third, Hamas’ Charter (often purposely misquoted), does not call for the destruction of Jews. It states: “Our conflict is with the Zionist project, not with Jews, who are not the object of our struggle.” (Hamas Charter, 1988, Article 16). Hamas has also expressed support for a two-state solution, as Khaled Meshaal confirmed in 2006: “We are prepared to accept a Palestinian state within the 1967 borders.”

The situation in Gaza is not a symmetrical war. Israel’s military superiority and control over resources create an undeniable power imbalance, making Israel’s claims of self-defence untenable under international law.

Israel’s actions in Gaza are part of a territorial expansion agenda with ethnic cleansing as its primary tool. A lasting solution must recognize Palestinian rights which must include the end of apartheid and holding Israel accountable for constant violations of international law.

The perpetuation of fallacies and incorrect legal positions whether purposely or through ignorance does not help to resolve the issue and only serves to skew the facts and positions of the parties.

In order for there to be peace the world must understand and accept the legal rights and positions of both Palestinians and Israelis.

JALIL DABDOUB