نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار حقوق بین الملل. بخش حقوق عمومی و بین الملل. دانشکده حقوق و علوم سیاسی. دانشگاه شیراز
2 عضو هیأت علمی پژوهشکده تحقیق و توسعه علوم انسانی (سازمان سمت)
3 دانشجوی کارشناسی ارشد حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
On October 7, 2023, Hamas launched a lightning military operation against Israel in the Occupied Palestinian Territories, which was called the "Al-Aqsa Flood" by Hamas. This operation, which was the beginning of a full-scale battle between the parties, led to the death of 1400 people and the capture of 240 Israeli soldiers and civilians. On the other hand, with the aim of completely destroying Hamas, Israel launched a complete blockade of the Gaza Strip, and until the time of writing these lines, human casualties in Gaza have reached more than 17 thousand people. Countering foreign occupation in line with Hamas's right to self-determination, and Israel's legitimate defense, are the most important justifications for this conflict. Based on the descriptive-analytical method, this article answers the question of how to evaluate the actions of Hamas and Israel in the current crisis from the perspective of the international law of resorting to force. Considering various assumptions, this article concludes that Hamas's October 7 operation has legal justification in the form of the right to self-determination and fight against the occupier; Noting that the exercise of such a right should be done in accordance with international regulations in choosing the type and method of military operations and the means of carrying them out. Invoking legitimate defense by Israel does not have a reliable legal justification both from the point of view of the rights to war and the authority of the occupier to establish order in the occupied territories
کلیدواژهها [English]