THE RIGHT OF SELF-DEFENSE UNDER OCCUPATION: A LEGAL ANALYSIS OF ISRAEL'S CLAIMS AND POLICIES IN GAZA FOLLOWING 7 OCTOBER 2023

Abstract

Israel's use of force in self-defense as per Article 51 of the United Nations Charter has been a subject of heated legal, ethical, and international debate since 7 October 2023. Despite the worldwide spotlight on Gaza’s situation, there is still a lack of deep scholarly discourse that critically evaluates the legality of Israel's claim of self-defense in a situation where it is an occupying power. The gap is most obvious in descriptive-analytical research publications that delve into the interaction between Israel's claim of self-defense, its obligations as an occupying power, and the rules of international law. Aiming to examine the legality of Israel's claim of self-defense and to investigate its military operations in Gaza following 7 October 2023, especially their impact on the civilians and civilian infrastructure, through the lens of “international humanitarian law” and “international human rights law”, this paper uses evidence from United Nations reports, international judicial bodies rulings, and both international and national organizations, this paper implements a legal descriptive-analytical method to examine law and facts of the area after 7 October. This research concludes that Israel, as the occupying power in Gaza, does not have the right to self-defense against the population it occupies, therefore, its claims of “self-defense” are illegitimate under international law, and do not meet the criteria of Article 51 of the UN Charter. Israel has failed to uphold its obligations under “international humanitarian law” as the occupying power, and its military operations exceed the principles of necessity and proportionality under “international humanitarian law”, consequently, its offensive actions in Gaza since 7 October amounts to serious violations of “international law”, particularly “crimes against humanity”, “war crimes”, and “genocide”. This paper also points out a growing number of states worldwide that have been challenging and rejecting Israel's claims of self-defense in Gaza. Such declarations emphasize the urgent need for compliance with international law and strengthening states responsibility and accountability to safeguard civilians in Gaza, and ensure the Palestinians’ right to self-determination.