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