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List of Publications by Department for the Academic Year The Legality of the Use of Force in Wars of Liberation: The Palestinian People's Struggle as a Case Study

Abstract

This research addresses and analyzes the legality of the use of force in liberation wars waged by peoples suffering under the rule of colonialism, regimes of racial discrimination or foreign domination. This use is one of the four exceptions to the principle of prohibiting the use of force enshrined in Article 2, Paragraph 4 of the United Nations Charter which legalize the use of force in International Law. The first exception is the Security Council taking measures using force according to Article 42 of the Charter, the second exception is the right of self-defense according to Article 51 of the Charter and the third exception is the General Assembly taking measures using force according to the provisions of the General Assembly resolution "Uniting for Peace". The fourth exception, which is the focus of this research, is the right of liberation and independence movements to use force to achieve their right to self-determination, freedom, and independence which is enshrined in several declarations and resolutions issued by the United Nations General Assembly since 1960. The use of force in wars of liberation is legalized in International Law; this is what this research focuses on and confirms, in addition, applies this right to the Palestinian people in their war against the racist Zionist entity, the occupier of the Palestinian land, who deprives the Palestinian people of exercising its right to self-determination, freedom and establishing its independent state. Keywords: The Charter of the United Nations, the principle of prohibition of the use of force, exceptions to the principle of the use of force, the legality of the use of force, the right to self-defense, uniting for peace, the definition of aggression, colonialism, systems of racial discrimination, foreign domination, wars of liberation, the right to self-determination.

Journal/Conference Information

BAU Journal - Journal of Legal Studies,DOI: https://doi.org/10.54729/2958-4884.1133, ISSN: 2664-0937, Volume: 2024-2025, Issue: 1, Pages Range: 1-9,