Abstract:
Palestinian people deprived of their right to self-determination live during more than half of the last century until now under the military occupation. None of the peaceful efforts in respect to independence and liberty of the Palestinian people had any result. In spite of the fact that their resistance is considered by the western countries as terrorist acts، international instruments did recognized the right to self-determination in the meaning of the right to independence and establishment of a State by the populations under colonization and foreign occupation، in particular the Palestinian people، and legitimized in result the right of these populations to resistance in according with the principles of the UN Charter in order to achieve their self-determination. Furthermore، Because the right to self-determination is today considered as an erga omens right and even as a jus cogens، the resistance and struggle of the Palestinian people is not only lawful and legitimate under the principles of international law، but also the moral and material helps of other countries to this resistance are prescribed in international instruments and even the other countries are demanded and encouraged from the late 60s to provide their moral and material helps to those peoples.
Machine summary:
Despite the fact that Western countries consider the resistance and struggles of these people as acts of terrorism, various international documents, including human rights documents and resolutions of the United Nations General Assembly, recognize the right to self-determination in its external dimension – namely, the right to independence and the establishment of a government for nations under colonialism and foreign domination, especially the Palestinian people.
Based on the “Declaration on the Granting of Independence to Colonial Countries and Peoples” (hereinafter referred to as the “Declaration on the Granting of Independence”), issued by the General Assembly on December 14, 1966, the commitment to respect the right to self-determination is considered one of the obligations arising from the Charter (600:1998, Brownlie), and all peoples have the right to freely determine their political status and also pursue their economic, social and cultural development (, 1514/A/RES 1960).
The General Assembly also, in 1970, by issuing the “Declaration of Principles of International Law,” while considering any action to impose foreign domination over other nations a violation of the principle of equal rights and the right to self-determination, as well as a denial of fundamental human rights and contrary to the Charter, committed countries to refrain from any coercive action that would deprive peoples under colonial and foreign occupation and apartheid regimes of exercising their right to self-determination (1970, (XXV) 2625/A/RES).
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