چکیده:
Martyrdom operations are among the measures and actions taken by popular resistance movements in the occupied Palestinian territories against the continuation of occupation and for the purpose of restoring Palestinian national sovereignty over these lands. In the dominant literature of the cyber space and global public opinion, these actions are often interpreted in different ways, especially since their nature and legal status in light of the international legal order are essentially measured against the approaches and positions of powers. In this writing, while conceptualizing and analyzing martyrdom operations in international practice and the general principles of contemporary law, its various dimensions are examined in light of humanitarian law related to hostile occupation. Accordingly, martyrdom operations are an action against the individuals, targets, and vital positions of the occupying power, as well as an enforcement guarantee for implementing the norms governing the restoration of national sovereignty over the occupied territory and compelling the occupier to withdraw from the occupied territory.
خلاصه ماشینی:
Articles Martyrdom operations and international law: A case study of the occupied Palestinian territories Dr. Nader Saed1 Abstract Martyrdom operations are among the measures and actions that popular resistance movements in the occupied Palestinian territories have adopted and carried out against the continuation of occupation and for the purpose of restoring Palestinian national sovereignty over these lands.
It is worth noting that as a result of the transformation of the legal system since 1965 and the adoption of Resolution 2105 of the United Nations General Assembly,(3) international law has considered popular resistance movements to be endowed with the right to armed action and combat to confront colonial, racial discriminatory, and occupying powers.
In this article, while analyzing martyrdom operations based on general principles and international practice, we will analyze the theoretical foundations and the practical expectations of the Palestinian people in creating the foundations for the codification, development, or clarification of legal rules related to combatting the occupying enemy within the framework of international legal literature.
(16) 2- General humanitarian principles in armed and martyrdom actions The general principles of humanitarian law of armed conflicts are fully applicable regarding occupied territories until the end of the occupation, and all belligerents, including regular and irregular armed forces, as well as members of popular armed resistance movements formed temporarily and in immediate response to the occupation, 32- Pouria Askari, "The Concept of Direct Participation in Hostilities: The Red Cross Approach and the Criticisms Imposed on It," in: Nader Saed, "Just Peace: A Solution to Combat Terrorism," Collection of Articles from the International Conference of the Global Coalition Against Terrorism for Just Peace, Tehran: World Islamic Peace Assembly, pages 238-248.
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