Martin Lukacs, managing editor: One thing Trudeau mentions is the right to defend itself for Israel. In Western discourse, we’ve heard endless repetitions of this point. It’s practically an article of faith among the governing class. As a lawyer, what is the actual meaning of the right to defend itself as a state?
Dania Majid: Hearing this term used to justify an assault in Gaza has been really disturbing for myself and other lawyers, especially those who are experts in international law. This right to self-defence has been used instead as a cover to allow Israel to bombard Gaza, to blockade Gaza, and has been used as a cover or justification for not calling for an immediate ceasefire.
The law is clear. Article 51 of the UN Charter does speak to the right of self-defence, and it has outlined that an attack that would trigger self-defence must be committed by another member state and cannot have originated from a territory that is under belligerent occupation by the state that is claiming self-defence.
In other words, Palestinians and their territory are under illegal occupation, and therefore any attacks that emanate from Gaza—which is under Israel’s control as an occupier—does not allow for Israel to use force against Gaza as self-defence as outlined in Article 51 of the Charter.
Putting that aside, even if we were to say they were to have this right, what we’re not talking about and hasn’t been discussed is the other critical international humanitarian laws that are in play now because the attack has happened.
Under those laws, Israel must ensure that it conforms with the principles of proportionality, distinction, precaution, and humanity. Again, from the stats you read earlier, it is abundantly clear that Israel has disregarded all these principles.
When you look at the sheer number of people killed and injured, and the disproportionate number of them being civilians, and the destruction of civilian property and infrastructure, the collective punishment by this policy of starvation and deprivation of fuel. All these measures are considered war crimes under international law and far exceed anything that’s permissible under international law.
We can’t just look at the right to self-defence in a vacuum. It is part and parcel of a greater body of law and those laws all come into play at this time.
When I went to journalism school 10 years ago, my parents thought that they would eventually read my articles in The Montreal Gazette. Today, that newspaper is a husk of its former self. But I get to explain that I’m working towards critical, independent, and sustainable journalism.
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