[News] Palestinians have a legal right to armed struggle
Anti-Imperialist News
news at freedomarchives.org
Mon Jul 24 11:13:31 EDT 2017
http://www.aljazeera.com/indepth/opinion/2017/07/palestinians-legal-armed-struggle-170719114812058.html
Palestinians have a legal right to armed struggle
Stanley L Cohen - July 20, 2017
------------------------------------------------------------------------
Long ago, it was settled that resistance and even armed struggle against
a colonial occupation force is not just recognised under international
law but specifically endorsed.
In accordance with international humanitarian law, wars of national
liberation have been expressly embraced, through the adoption of
Additional Protocol I to the Geneva Conventions of 1949 (pdf
<https://treaties.un.org/doc/publication/unts/volume%201125/volume-1125-i-17512-english.pdf>),
as a protected and essential right of occupied people everywhere.
Finding evolving vitality in humanitarian law, for decades the General
Assembly of the United Nations (UNGA) - once described as the collective
conscience of the world - has noted the right of peoples to
self-determination, independence and human rights.
Indeed, as early as 1974, resolution 3314 of the UNGAprohibited
<http://hrlibrary.umn.edu/instree/GAres3314.html> states from "any
military occupation, however temporary".
In relevant part, the resolution not only went on to affirm the right
"to self-determination, freedom and independence [...] of peoples
forcibly deprived of that right,[...] particularly peoples under
colonial and racist regimes or other forms of alien domination" but
noted the right of the occupied to "struggle ... and to seek and receive
support" in that effort.
The term "armed struggle" was implied without precise definition in that
resolution and many other early ones that upheld the right of indigenous
persons to evict an occupier.
This imprecision was to change on December 3, 1982. At that time UNGA
resolution 37/43
<http://www.un.org/documents/ga/res/37/a37r043.htm>removed any doubt or
debate over the lawful entitlement of occupied people to resist
occupying forces by any and all lawful means. The resolution reaffirmed
"the legitimacy of the struggle of peoples for independence, territorial
integrity, national unity and liberation from colonial and foreign
domination and foreign occupation by all available means, including
armed struggle".
*A palpable illusion*
Though Israel has tried, time and time again, to recast the unambiguous
intent of this precise resolution - and thus place its now
half-century-long occupation in the West Bank
<http://www.aljazeera.com/topics/subjects/occupied-west-bank.html> and
Gaza beyond its application - it is an effort worn thin to the point of
palpable illusion by the exacting language of the declaration itself. In
relevant part, section 21 of the resolution strongly condemned "the
expansionist activities of Israel in the Middle East and the continual
bombing of Palestinian civilians, which constitute a serious obstacle to
the realization of the self-determination and independence of the
Palestinian people".
Never ones to hesitate in rewriting history, long before the
establishment of the United Nations
<http://www.aljazeera.com/topics/organisations/un.html>, European
Zionistsdeemed themselves to be an occupied people as they emigrated to
Palestine - a land to which any historical connection they had had long
since passed through a largely voluntary transit.
Indeed, a full 50 years before the UN spoke of the right of armed
struggle as a vehicle of indigenous liberation, European Zionists
illegally co-opted the concept as the Irgun, Lehiand other terrorist
groups undertook a decade's long reign of deadly mayhem.
During this time, they slaughtered not only thousands of indigenous
Palestinians but targeted British police and military personnel that had
long maintained a colonial presence there.
A history of Zionist attacks
Perhaps, as Israelis sit down to mourn the loss of two
<http://www.aljazeera.com/news/2017/07/palestinians-killed-shooting-jerusalem-city-170714045419071.html>
of their soldiers
<http://www.aljazeera.com/news/2017/07/palestinians-killed-shooting-jerusalem-city-170714045419071.html> who
were shot dead this past week in Jerusalem - in what many consider to be
a lawful act of resistance - a visit down memory lane might just place
the events in their proper historical context.
Self-determination is a difficult, costly march for the occupied. In
Palestine, no matter what the weapon of choice - whether voice, pen or
gun - there is a steep price to be paid for its use.
Long ago, describing the British as an occupation force in "their
homeland", Zionists targeted British police and military units
<http://www.prc.org.uk/portal/index.php/english-media/latest-news/3200-israeli-massacres-against-pales>
with ruthless abandon throughout Palestine
<http://www.aljazeera.com/topics/country/palestine.html> and elsewhere.
On April 12, 1938, the Irgun murdered two British police officers in a
train bombing in Haifa. On August 26, 1939,two British officers were
killed by an Irgun landmine in Jerusalem
<http://www.aljazeera.com/topics/city/jerusalem.html>. On February 14,
1944,two British constables were shot dead when they attempted to arrest
people for pasting up wall posters in Haifa. On September 27, 1944,more
than 100 members of the Irgun attacked four British police stations,
injuring hundreds of officers. Two days latera senior British police
officer of the Criminal Intelligence Department was assassinated in
Jerusalem.
On November 1, 1945,another police officer was killed as five trains
were bombed. On December 27, 1945,seven British officers lost their
lives in a bombing on police headquarters in Jerusalem. Between November
9 and 13, 1946,Jewish "underground" members launched a series of
landmine and suitcase bomb attacks in railway stations, trains, and
streetcars, killing 11 British soldiers and policemen and eight Arab
constables.
Four more officers were murdered in another attack on a police
headquarters on January 12, 1947. Nine months later,four British police
were murdered in an Irgun bank robbery and, but three days later, on
September 26, 1947, an additional 13 officers were killed in yet
another terrorist attack on a British police station.
These are but a few of many attacks directed by Zionist terrorists at
British police who were seen, by mostly European Jews, as legitimate
targets of a campaign they described as one of liberation against an
occupation force.
Throughout this period, Jewish terrorists also undertook countless
attacks that spared no part of the British and Palestinian
infrastructure. They assaulted British military and police
installations, government offices, and ships, often with bombs. They
also sabotaged railways, bridges, and oil installations. Dozens of
economic targets were attacked, including 20 trains that were damaged or
derailed, and five train stations. Numerous attacks were carried out
against the oil industry including one, in March 1947, on a Shell oil
refinery in Haifa which destroyed some 16,000 tonnes of petroleum.
Zionist terrorists killed British soldiers throughout Palestine, using
booby traps, ambushes, snipers, and vehicle blasts.
One attack, in particular, sums up the terrorism of those who, without
any force of international law at the time, saw no limitation to their
efforts to "liberate" a land that they had, largely, only recently
emigrated to.
In 1947, the Irgun kidnapped two British Army Intelligence Corps
non-commissioned officers and threathened to hang them if death
sentences of three of their own members were carried out. When these
three Irgun members were executed by hanging, the two British sergeants
were hanged in retaliation and their booby-trapped bodies were left in
an eucalyptus grove.
In announcing their execution, the Irgun said that the two British
soldiers were hanged following their conviction for "criminal
anti-Hebrew activities" which included: illegal entry into the Hebrew
homeland and membership in a British criminal terrorist organisation -
known as the Army of Occupation - which was "responsible for the
torture, murder, deportation, and denying the Hebrew people the right to
live". The soldiers were also charged with illegal possession of arms,
anti-Jewish spying in civilian clothes, and premeditated hostile designs
against the underground (pdf
<http://users.ox.ac.uk/%7Emetheses/Bagon.pdf>).
Well beyond the territorial confines of Palestine, in late 1946-47 a
continuing campaign of terrorism was directed at the British. Acts of
sabotage were carried out on British military transportation routes in
Germany <http://www.aljazeera.com/topics/country/germany.html>. The
Lehi also tried, unsuccessfully, to drop a bomb on the House of
Commonsfrom a chartered plane flown from France
<http://www.aljazeera.com/topics/country/france.html> and, in October
1946, bombed the British Embassy in Rome. A number of other explosive
devices were detonated in and around strategic targets in London. Some
21 letter bombs were addressed, at various times, to senior British
political figures. Many were intercepted, while others reached their
targets but were discovered before they could go off.
*The steep price of self-determination*
Self-determination is a difficult, costly march for the occupied. In
Palestine, no matter what the weapon of choice - whether voice, pen or
gun - there is a steep price to be paid for its use.
Today, "speaking truth to power" has become very much a popular mantra
of resistance in neoliberalcircles and societies. In Palestine, however,
for the occupied and oppressed, it is an all-but-certain path to prison
or death. Yet, for generations of Palestinians stripped of the very
breath that resonates with the feeling of freedom, history teaches there
is simply no other choice.
Silence is surrender. To be silent is to betray all those who have come
before and all those yet to follow.
For those who have never felt the constant yoke of oppression, or seen
it up close, it is a vision beyond comprehension. Occupation sits heavy
on the occupied, every day in every way, limiting who you are and what
you may dare to become.
The constant rub of barricades, guns, orders, prison and death are
fellow travellers for the occupied, whether infants, teens in the spring
of life, the elderly, or those trapped by the artificial confines of
borders over which they have no control.
*/The three young men, cousins, who willingly sacrificed their lives in
the attack on the two Israeli officers in Jerusalem, did so not as an
empty gesture born of desperation, but rather a personal statement of
national pride that follows a long line of others who well understood
that the price of freedom can, at times, mean all./*
To the families of the two Israeli Druzepolicemen who lost their lives
while trying to control a place that was not theirs to command, I extend
my condolences. These young men were, however, not lost to the ring of
resistance, but willingly sacrificed by an evil occupation that bears no
legitimacy whatsoever.
Ultimately, if there is grieving to be done, it must be for the 11
million occupied, whether in Palestine or outside, as so much stateless
refugees, stripped of a meaningful voice and opportunity, as the world
makes excuses built largely of a political and economic gift box that
bears the Star of David.
Not a day goes by now without the chilling wail of a nation watching
over a Palestinian infant wrapped in a burial shroud, stripped of life
because electricity or transit have become a perverse privilege which
holds millions hostage to the political whims of the few. Be they
Israeli, Egyptian or those who claim to carry the mantle of Palestinian
political leadership, the responsibility of infanticide in Gaza is
theirs and theirs alone.
'If there is no struggle, there is no progress'
The three young men, cousins, who willingly sacrificed their lives in
the attack on the two Israeli officers in Jerusalem, did so not as an
empty gesture born of desperation, but rather a personal statement of
national pride that follows a long line of others who well understood
that the price of freedom can, at times, mean all.
For 70 years, not a day has passed without the loss of young Palestinian
women and men who, tragically, found greater dignity and freedom in
martyrdom than they did in obedient, passive living controlled by those
who dared to dictate the parameters of their lives.
Millions of us worldwide dream of a better time and place for
Palestinians ... free to spread their wings, to soar, to discover who
they are and what they wish to become. Until then, I mourn not for the
loss of those who stop their flight. Instead, I applaud those who dare
to struggle, dare to win - by any means necessary.
There is no magic to resistance and struggle. They transcend time and
place and derive their very meaning and ardour in the natural
inclination, indeed, drive, of us all to be free - to be free to
determine the role of our own lives.
In Palestine, no such freedom exists. In Palestine, international law
recognises the fundamental rights to self-determination, freedom and
independence for the occupied. In Palestine, that includes the right to
armed struggle, if necessary.
Long ago, the famed abolitionist Frederick Douglass, himself a former
slave, wrote of struggle. These words resonate no less so today, in
Palestine, than they did some one 150 years ago in the heart of the
Antebellum Southin the United States:
"If there is no struggle, there is no progress. Those who profess to
favor freedom, and yet depreciate agitation, are men who want crops
without plowing up the ground. They want rain without thunder and
lightning. They want the ocean without the awful roar of its many
waters. This struggle may be a moral one; or it may be a physical one;
or it may be both moral and physical; but it must be a struggle. Power
concedes nothing without a demand. It never did and it never will."
/*Stanley L Cohen is a lawyer and human rights activist who has done
extensive work in the Middle East and Africa.*/
*/The views expressed in this article are the author's own and do not
necessarily reflect Al Jazeera's editorial policy./*
<http://www.aljazeera.com/topics/regions/middleeast.html>
--
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