- Dec 6, 2009
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Of course they do. Everybody does.
There were always indications within international law that grant an individual or a group the right to self-defense. For example, the Universal Declaration of Human Right's preamble (adopted and proclaimed by General Assembly Resolution 217 A (III) of December 10, 1948), reads: "Whereas it is essential if man is not compelled as a last resort to rebellion against tyranny and oppression, that human rights should be protected by the rule of law."
However, not until the General Assembly 20th session in 1965 where it was recognized, for the first time, "the legitimacy of struggle by the people under colonial rules to exercise their rights to self-determination and independent." More, the assembly invited "all States to provide material and moral assistance to the national liberation movements in colonial territories."
The specified decision has always applied to the Palestinian people and their struggle for freedom. But again, intentional misinterpretation of that law compelled the passing of Resolution 3236, passed by the General Assembly in its 29th session in 1974. The resolution recognized that the collective rights of the Palestinian people were fully and properly recognized. The resolution recognized the Palestinian people's right for self-determination in accordance with the United Nations Charter (which, in retrospect gives them the same right of self-defense granted to sovereign states). In addition, it granted them the right of national independence, sovereignty and right of return to their homes. The resolution had further replaced the mere reference to Palestinians as "refugees" or "the refugee problem", and made them a "principal party in the establishment of a just and durable peace in the Middle East."
Those who still found loopholes in international law to deny the Palestinian people the right to defend themselves had to deal with yet another resolution. Additional Protocol I to the Geneva Convention of 1949, (Act 1 C4), passed in 1977, declared that armed struggle can be used, as a last resort, as a method of exercising the right of self-determination.
Do Palestinians Have the Right to Defend Themselves
However, not until the General Assembly 20th session in 1965 where it was recognized, for the first time, "the legitimacy of struggle by the people under colonial rules to exercise their rights to self-determination and independent." More, the assembly invited "all States to provide material and moral assistance to the national liberation movements in colonial territories."
The specified decision has always applied to the Palestinian people and their struggle for freedom. But again, intentional misinterpretation of that law compelled the passing of Resolution 3236, passed by the General Assembly in its 29th session in 1974. The resolution recognized that the collective rights of the Palestinian people were fully and properly recognized. The resolution recognized the Palestinian people's right for self-determination in accordance with the United Nations Charter (which, in retrospect gives them the same right of self-defense granted to sovereign states). In addition, it granted them the right of national independence, sovereignty and right of return to their homes. The resolution had further replaced the mere reference to Palestinians as "refugees" or "the refugee problem", and made them a "principal party in the establishment of a just and durable peace in the Middle East."
Those who still found loopholes in international law to deny the Palestinian people the right to defend themselves had to deal with yet another resolution. Additional Protocol I to the Geneva Convention of 1949, (Act 1 C4), passed in 1977, declared that armed struggle can be used, as a last resort, as a method of exercising the right of self-determination.
Do Palestinians Have the Right to Defend Themselves