By Soheila Zarfam

Why Israel is not entitled to “self-defense”

December 4, 2023 - 23:1

TEHRAN - Since Israel initiated its devastating assaults on Gaza, Western governments have been fervently supporting the regime's actions under the pretext of "self-defense," turning a blind eye to the deliberate targeting of civilian facilities such as homes, hospitals, places of worship, and educational institutions.

On October 15, leaders of the European Union voiced unwavering support for Israel's "right to defend itself" within humanitarian and international law, disregarding the regime's deliberate strikes. 

During U.S. Secretary of State Antony Blinken's visit to Israel on Nov. 3, the West’s unbridled support for Israel was further extended. Blinken not only declared support for “Israel’s right to self-defense,” but also said, “It is obligated to do so, and we strongly support it.”

Contrary to these claims, legal experts have underscored that Israel, as an occupying force, cannot genuinely claim a right to self-defense against Gaza. 

During an international gathering in Istanbul which was initiated by Qatar-based Al Jazeera network, a prominent Jordanian lawyer and human rights activist further elaborated on why Israel cannot attack Gaza based on claims of self-defense.

“The right to self-defense applies to a state when it is attacked by another and its national security and existence are exposed to danger,” said Hala Ahed Deeb on Saturday, adding that based on Article 51 of the United Nations Charter, the state which has come under attack first needs to inform the UN and then use force to defend itself. She however added that Israel cannot be considered a “state under attack” rather, it’s an occupying force that first needs to leave the territories it has occupied before proceeding to engage in any form of fighting. 

Over the years, international bodies have emphasized the notion that Israel lacks the right to claim self-defense. In 2004, the International Court of Justice decreed that Israel, as an occupying power, violated international law by erecting a separation wall in occupied al-Quds. The wall's construction in 2002 inflicted devastation upon Palestinians in the West Bank, severing Palestinian communities, agricultural lands, and farmlands. While Israeli officials maintained that the wall served as a necessary security measure and defense against “terrorism”, Tel Aviv disregarded the ruling and continued with its construction, with approximately 85% of the wall encroaching into the West Bank, deviating from the UN-recognized Green Line of 1967.

During the Saturday gathering, the lawyer further emphasized Israel's violations of international law, characterizing its attacks on Gaza as a full-scale "genocide."

Israel usually denies committing crimes in Gaza and claims that it is defending itself, and it continued the same narrative after Hamas launched Operation Al-Aqsa Storm on Oct. 7. The regime has so far killed more than 16,000 civilians in the Palestinian territory, with 70% of the dead comprising of women and children. UNICEF has deplored the actions of the Israeli military, calling Gaza “a graveyard for children.”

The Jordanian lawyer also highlighted the complicity of those who aid Israel in its actions and underscored the submission of a federal complaint against U.S. President Joe Biden and two of his cabinet members. 

Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin have been sued by New York civil liberties group, the Center for Constitutional Rights, for their complicity in Israeli war crimes in Gaza. 

Deeb, openly vocal about the regime's egregious human rights infringements, was among the 100 journalists reportedly targeted by the Israeli spyware Pegasus. Despite persistent threats and intimidation, she remains committed to advocating for the rights of West Asian citizens.

She stands alongside myriad lawyers and activists calling for an end to Israel's brutal assaults in Gaza. Moreover, she is demanding that international bodies take concrete action to hold the regime accountable for its war crimes perpetrated against Palestinians.

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