committed by Palestinian individuals that might be inconsistent with IHL and IHRL, Israel has consistently defamed and criminalized all acts of resistance in an attempt to delegitimize the right to resist, and ultimately, the right to selfdetermination of Palestinian people. Equating all forms of resistance with terrorism as a justification for suppression lacks legal basis, as the Palestinian struggle for liberation is legitimate and all actions carried out against Israel for that purpose are therefore lawful. However, the existence of actions that are inconsistent with IHL and IHRL does not justify categorization of the whole Palestinian movement of resistance as terrorism. Thus, Israel cannot invoke the counterterrorism argument in terms of delegitimizing Palestinian resistance and justifying its policy of suppression accordingly. Moreover, breaches or even criminal actions taken by individuals or by a party do not legalize acts of suppression taken by the other party, as retaliation actions are prohibited under international law.10 Moreover, illegal suppression of resistance in the occupied Palestinian territory (oPt) violates Israel’s obligations as an occupying power. The laws regulating situations of occupation can be found in IHL, a body of law that seeks to limit the effects of armed conflict. Additionally, they are further contained within the 1907 Hague Regulations, the 1949 Geneva Conventions, and its two Additional Protocols of 1977. According to the Fourth Geneva Convention, as an occupying power and in consideration of the ‘protected status’ of Palestinians in the oPt,11 Israel has an obligation to treat Palestinians humanely and to ensure that they are “protected especially against all acts of violence or threats thereof.”12 The Convention also prohibits the use of collective punishment or any other measure of intimidation.13 The 1907 Hague Regulations establish in Article 43 that the occupying power “shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety.”14 This provision institutes an obligation on the occupying power to maintain law and order, and to protect the safety of the occupied population, while Article 46 establishes an obligation on Israel to respect “Family honor and rights, the lives of persons, and private property.”15 10 Additional Protocol to the Geneva Conventions I (1977), Article 20 and Article 51 (6); ICRC, Rule 146 of Customary IHL. Available at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule146; OHCHR, Basic Human Rights Reference Guide: Right to a Fair Trial and Due Process in the Context of Countering Terrorism, October 2014, Available at: http://www.ohchr.org/EN/newyork/Documents/ FairTrial.pdf 11 Geneva Convention IV, Article 4 12 Ibid., Article 27 13 Ibid., Article 33 14 The Hague Regulations Respecting the Laws and Customs of War on Land, The Hague, 1907 (1907 The Hague Convention), Article 43 15 Ibid., Article 46 13

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