The Right to Self-Defense and the Israeli Exceptionalism?

Abstract

Israel has an exceptional position in the Middle East and a prominent role in global politics, notably in the West, as a result of the Jewish experience and the Palestine conflict. This has elevated the Israel-Palestine conflict to a spectacle of the 21st Century with its enduring characteristics and violent engagements. The future existence of a State of Palestine becomes contingent upon or undermined by Israel's engagements with Palestinians, Hamas, the Palestine Liberation Organization, and External Actors such as the United Nations, the USA, and Arab states. It complicates the question of establishing the future State of Palestine following International Law. This research suggests that Israel's exceptionalism, rooted in its cultural and historical evolution, enables it to manipulate/escape International Law. It critically examines Israel's use of the right to self-defence, which conflicts with Palestine's right to self-determination. Through exploratory analysis, this research will analyse Israel's Use of Force and Self-Defence in regions with a majority of Palestinians i.e., Gaza. It will use international law principles, occupation law, and customary law to assess the legality of Israel’s Use of Force/ Right to Self Defence.