Acts of Israeli Aggression against Palestine in the Perspective of International Humanitarian Law

G. Starke argues that “humanitarian law consists of a set of restrictions governed by international law which regulate the use of force that can be used to subdue the enemy and the principles that govern the treatment of individuals in war and armed conflict”.

    Israel's control over Palestinian territory is a violation of international law and a denial of the right of self determination of the Palestinian people over the occupied territory. Israel is the occupying party. The status of the violation of the law is reflected in the “ICJ Judgment in Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004)” which stated that Israel had violated the right to self determination of Palestine and has carried out de facto annexation through the construction of a wall in Occupied Palestinian Territory. Self-defense actions (self-defence) can be used as justification for an act if the self-defense is carried out as legitimate self-defense in accordance with the provisions of the UN Charter.

    UN General Assembly Resolution No. A/RES/67/19 of 2012 affirms the right self determination in relation to the occupied Palestinian territory. Pre-Trial Chamber I ICC in Situation In The State Of Palestine in 2021 referred to the Gaza Strip, West Bank and East Jerusalem as Palestinian territories occupied by Israel since 1967.