Feasibility analysis of Al-Aqsa storm operation in the light of the right of legitimate defense

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Political Science, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran

2 M.A Student in Political Science, Department of Political Science, Shiraz University, Shiraz, Iran

10.22099/jls.2024.49149.5075

Abstract

West Asia, a region of critical importance, has witnessed a series of significant and challenging events throughout history. The Middle East has been a stage for the activities of extra-regional actors pursuing diverse objectives. The Palestinian issue, a particularly sensitive and challenging issue, demands the attention of all countries in the region, researchers, and experts.
The Palestinian issue has not only preoccupied the Arab world but also all Islamic countries, regardless of nationality. The establishment of Israel in this region resulted in the dispossession of a significant portion of Palestinian land and an uncertain future for the Palestinian people. This event triggered escalating conflict between Jews and Arabs. Despite efforts by Arab countries, they were unable to effectively confront Israel, and subsequent conflicts led to further Israeli occupation of Palestinian territories.
 In response, Palestinian liberation organizations with a politico-military approach emerged. The formation of the Hamas movement in 1987 marked a turning point, with their resistance activities against Israeli occupation 
continuing to this day, particularly in the Gaza Strip. This turning point became more pronounced with the initiation of the "Al-Aqsa Storm" operation by Hamas forces on October 7, 2023.
Following the 2023 conflict between Hamas and Israel, various legal perspectives emerged regarding the nature of this operation. While Israel attempts to portray the operation as illegitimate, Hamas justifies it as an act of self-defense in response to nearly 80 years of Israeli aggression and occupation.
Legal perspectives on the operation are divided:

First perspective: Views the operation as terrorist and illegal.
Second perspective: Argues that Hamas exercised the "right to resistance" in response to the Israeli occupation and its ongoing aggression.
Third perspective: Based on Article 51 of the United Nations Charter (the right to self-defense), argues that Hamas, as the self-governing authority in the Gaza Strip, acted within its inherent right to self-defense against Israeli aggression.

Despite Israel's attempts to delegitimize all Palestinian resistance movements, including the Al-Aqsa Storm operation, and its use of disproportionate force, including the bombing of hospitals and residential areas, the Palestinian nation's military operations can be analyzed within the framework of international law, particularly the right to self-defense as outlined in Article 51 of the United Nations Charter.
This research, employing a descriptive-explanatory approach within the theoretical framework of legitimate defense, examines whether the Al-Aqsa Storm operation can be justified as an act of legitimate self-defense.
The hypothesis of this research posits that the October 7th operation was a response to the ongoing aggression and illegal actions of the Israeli government over seven decades of occupation. Therefore, it can be considered an act of legitimate self-defense within the framework of international law.
 
Key considerations:

Article 51 of the United Nations Charter primarily recognizes the right to self-defense for states, not non-governmental groups or liberation movements.
The exercise of the right to self-defense requires an initial act of aggression against the state.

However, the research findings suggest that:

Hamas, as the elected government of the Gaza Strip, can be considered a legitimate self-governing authority.
Hamas's resistance activities are based on the internationally recognized right of the Palestinian people to self-determination.
Hamas's actions were a response to nearly 80 years of Israeli occupation and continuous aggression.

Therefore, the research concludes that the Al-Aqsa Storm operation can be analyzed as an act of legitimate self-defense within the context of the ongoing Israeli occupation and the Palestinian people's right to self-determination.

Keywords

Main Subjects

References

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Journal of Legal Studies
Volume 16, Issue 4 - Serial Number 54
January 2025
Pages 281-314

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