MALAYBALAY CITY (MindaNews / 19 November) – Israel has invoked the right to self-defense in its current military action in Gaza Strip, which came after Hamas launched missile attacks against the Jewish state on October 7.
Such a right is contained in Article 51 of the United Nations Charter, which states: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security…”
The Charter is a pledge among UN Member States to “save succeeding generations from the scourge of war,” reaffirm the rights of individuals and nations, respect treaty obligations and other sources of international law, and “promote social progress and better standards of life in larger freedom.”
Now, to give context to Israel’s claim of self-defense, a review of the nature of the actors is necessary.
First, Gaza isn’t a standalone entity, much less a state. In strict terms, Israel is dealing with an armed group, Hamas, not another state that may be held to account before international law.
And, while Israeli forces may have left it in 2005 yet, Gaza, just like the West Bank, is still considered by the UN an occupied territory. Israel still controls its airspace, shoreline, and common border. Over the West Bank, the Palestinian Authority exercises administrative control, but Israel maintains security operations there.
On the surface, what Israel is doing is trying to suppress armed resistance waged by Hamas. Call it any name you want, but this armed group, not unlike the Palestine Liberation Organization and Black September before it, is fighting for Palestinian independence. Its means of attaining that goal may not be to your liking, perhaps not even to the liking of some Palestinians themselves, but that’s not the issue here.
The issue is the deliberate, indiscriminate use of disproportionate firepower that has killed thousands of civilians, which shows that it isn’t about eradicating Hamas. After all, you get rid of the group now, another one with similar goals would emerge in its place because Hamas isn’t just an organization but an idea.
It has never been about self-defense either, as technically, Israel remains an occupying force. The ongoing carnage is merely a continuation of 75 years of occupation and oppression. What Israel wants is to wipe out the Palestinians and completely usurp their lands and resources. If there’s anybody who has the moral right to invoke self-defense, it’s the Palestinian people.
All these years, Israel has always flouted its obligations to the international community with regard to Palestine as defined by the UN Charter. But much of the world is now saying enough is enough, “from the river to the sea, Palestine will be free.”
(MindaViews is the opinion section of MindaNews. H. Marcos C. Mordeno can be reached at hmcmordeno@gmail.com.)
