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Resistance to Military Occupation: An Enduring Problem in International Law
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Abstract
The fiftieth anniversary of Israel's occupation of certain Arab-inhabited territories following its victory in the June 1967 war is a good time to reflect on the question of how international law addresses resistance to military occupation. This issue—and its counterpart, the rights of an occupying power vis-à-vis resistance—has arisen repeatedly in connection with this occupation. It has been at the center of polemical debates involving Israel, neighboring states, and the Palestine Liberation Organization, in a wide range of international fora including the United Nations. It has also arisen in numerous other conflicts in the past half-century, including in Namibia before it achieved independence in 1990, and in Iraq following the 2003 U.S.-led intervention. The legal focus of this contribution is on the jus in bello. Certain jus ad bellum and human rights issues raised by occupation and resistance that inevitably intrude at certain points will be mentioned in passing.