Overall Legal Framework
The Right to Resist
When addressing the illegality of the Israeli policy of suppression of
Palestinian resistance, the legal framework of resistance itself must be
clarified before addressing the lawfulness of the suppression. Palestinians,
like anyone else, have an inalienable right to self-determination. This right
was incorporated as Common Article 1 in the two human rights covenants;
the International Covenant on Civil and Political Rights (ICCPR), and the
International Covenant on Economic, Social and Cultural Rights (ICESCR),
adopted in 1966. Later, in 1973, the United Nations General Assembly
(UNGA) passed a resolution addressing the “Importance of the universal
realization of the right of peoples to self-determination and of the speedy
granting of independence to colonial countries and peoples for the effective
guarantee and observance of human rights,” specifically referring to both
the South African and Palestinian people.6 In this resolution the UNGA
reaffirmed:
1. the inalienable right of all people under colonial and foreign domination
and alien subjugation to self-determination, freedom and independence
in accordance with General Assembly resolutions 1514 (XV) of 14
December 1960, 2649 (XXV) of 30 November 1970 and 2787 (XXVI) of 6
December 1971;
and,
2. the legitimacy of the peoples' struggle for liberation from colonial and
foreign domination and alien subjugation by all available means, including
armed struggle.
6
United Nations General Assembly (UNGA) Resolution A/RES/3070 (XXVIII), 30 November 1973,
operative para. 2
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