For over seven decades, the conflict in Palestine has remained one of the world’s most pressing and controversial issues. This conflict raises fundamental questions about justice, legitimacy, occupation, and resistance.
In this article, we address the following: Is Israel an occupying power? How should we describe those who resist the occupation? Does Israel wage war ethically according to international law? And where does Hamas fit into this context?
Israel and Occupation
There is no dispute in international law that Israel exercises military occupation over territories to which it has no legal sovereignty.
- After the 1967 war, Israel seized the West Bank, including East Jerusalem, the Gaza Strip, and the Syrian Golan Heights.
- The United Nations considers these territories “occupied,” and Israeli settlements there “illegal” under the Fourth Geneva Convention.
- UN Security Council resolutions (such as 242, 338, 2334) have called for Israel to withdraw from these territories.
Even regarding East Jerusalem and the Golan, no major country has recognized Israel’s annexation, which is considered legally null and void.
Thus, describing Israel as an “occupying power” in these territories is not just a political opinion but a legal fact supported by the overwhelming majority of the international community.
Resistance: A Right or Terrorism?
Any people under occupation have the right to resist and reclaim their rights. This is a well-established legal and moral principle:
- The UN Charter (Article 51) recognizes the right of self-defense.
- General Assembly resolutions (such as 37/43 of 1982) affirm “the right of peoples under colonial and foreign domination or occupation to struggle by all available means, including armed struggle.”
- History has seen many resistance movements once labeled as terrorists but later acknowledged as legitimate: such as Algeria’s FLN, Mandela’s ANC in South Africa, and the Viet Cong in Vietnam.
Therefore, someone resisting occupation cannot be described as a terrorist simply for resisting. Rather, he or she is a freedom fighter, resister, or mujahid, depending on the cultural and political context.
Hamas: Resistance or Terrorism?
In this context, Hamas can be understood.
- Hamas was established in 1987 as part of the First Intifada, with the declared goal of resisting Israeli occupation.
- Many Palestinians, Arabs, and Muslims see it as a resistance movement because it fights an occupying power.
- On the other hand, Israel, the United States, and the European Union classify Hamas as a “terrorist organization” due to its attacks that have targeted Israeli civilians and its ideological positions.
Legally and morally:
✅ Hamas exercises the right of resistance as a legitimate principle.
🚩 However, like any party, some of its methods or actions — particularly those targeting civilians — can be criticized.
Yet… the occupation itself bears responsibility for fueling violence and perpetuating the cycle of hatred.
Does Israel Wage War Ethically?
Israel often claims to have “the most moral army in the world,” but in practice, it repeatedly violates this claim:
- Reports by the UN, Human Rights Watch, and Amnesty International document its excessive use of force and frequent bombardment of densely populated civilian areas in Gaza.
- The comprehensive blockade of Gaza amounts to collective punishment, which is prohibited under international law.
- Policies of home demolitions, forced displacement, land confiscation, and attacks on civilians in the West Bank and Jerusalem are all serious violations.
Israel, as an occupying power, cannot be described as fair or just in its wars against the Palestinian people. It practices occupation, collective punishment, and systematic violations, which exacerbate the conflict and justify resistance.
The conflict in Palestine is not a symmetrical battle between two “equal” sides, but between a powerful military occupier backed by major powers and a defenseless people seeking liberation and the restoration of their rights.
Those who defend their land against occupation are not terrorists, no matter how much the occupier tries to brand them as such.
Israel, through its actions, bears the greatest responsibility for the ongoing injustice and cannot justify its violations under the pretext of self-defense.
Until a just peace is achieved, the legitimate rights of the Palestinian people must be recognized, the occupation must end, and legitimate resistance must no longer be treated as a crime.
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