THE RIGHT TO LEGITIMATE DEFENSE BETWEEN INTERNATIONAL LAW AND PRACTICE IN THE PALESTINIAN AND ISRAELI CONFLICT

Abstract

Following the flood Al-Aqsa on October 7, 2023, the Israeli- Palestinian conflict witnessed an unprecedented escalation in terms of Israel’s excessive use of force and the civilian casualties in Palestinian side. Furthermore, the majority of western countries aligned themselves with Israel under the pretext of its right to self defense. Israel and its allies have often resorted to this justification to justify repeated Israeli attacks on the Palestinian people. The Importance of researching this topic lies in the fact that legitimate self-defence is a right recognized by both international law and international humanitarian law. And it is a common denominator between the conflicting parties. Just as Israel invokes this right in its military operation, the Palestinian side also asserts right to self-defense using all available means. The objectives of the study can be summarized as follows: to research and explain the provisions related to legitimate self-defense in the united nations charter and its resolutions, as well as in the texts of Geneva Convention, particularly in the first additional protocol. This is done to understand the legal conditions and regulations associated with use of force in any conflict, which, when met, can exempt the practitioner from international responsibility. However, in the Israeli-Palestinian conflict, given the defences in the legal positions of the two parties and in light of the conditions of legitimate self-defense the problem in this issue revolves around determining which party’s use force towards the other is considered a justified use falling within the realm of legitimate self defense? and what is the legal assessment of the other party using force outside the scope of legitimate self-defence?. To address this issue, this topic has been divided according to the following methodology : Firstly: the international legal system of to legitimate defense. 1- the legal basis for the right to legitimate defense. 2- conditions for the legitimacy of the right legitimate defence Secondly: legal evaluation of the use of in the Palestinian, Israel conflict under the pretext of legitimate defence. 1- the legal basis for Palestinian party’s right to legitimate defense. 2- the legal nature of Israel’s use of force against the Palestinian people