Personal Info
- Country of residence: Palestine
Information
Marwan
Yaghi, a Palestinian researcher from the Gaza Strip, succeeded in defending his
master's thesis at the University of Essex in Britain. The letter raises the
question of the legitimacy of a country under occupation for a prolonged period
invoking its right to self-defense and recovering its lands through military
force. Yaghi discussed the illegal occupation, and whether it could be
considered a continuous armed attack, which gives the authority to self-defense
at any time, even years after the start of the occupation.
The
discussion included two contradictory opinions: the first is the position of
some researchers supporting the principle of states losing their right to
defend themselves if a long time has passed since their occupation, while the
other thesis believes that the right to self-defense is an original and
unconditional right, and a country does not lose it just because a period of
time has passed being subjected to occupation.
The
researcher believed that, based on a “reasonable and accurate interpretation of
the principle of self-defense,” this means that the occupation resulting from
the use of force amounts to a description of “continuous armed aggression” in
accordance with Article 51 of the Charter of the United Nations, which
satisfies the requirement of immediacy and allows the state occupied by force
as long as the occupation continues.
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