Popular Resistance and Settler Incitement

Popular resistance and continuous media incitement of settlers amid the declaration of the settlement war waged by the Israeli government on the West Bank represents a critical examination of the legal dimensions of popular resistance, settler crimes of incitement and violence, and the position of international law on both tracks.

First: Popular Resistance as a Legitimate Right in International Law

1. The Right to Resist Occupation

International law, especially the UN Charter and UN General Assembly resolutions, recognizes the right of peoples under occupation to resist colonialism and foreign occupation for self-determination. Resolution 3236 (1974) affirmed "the inalienable right of the Palestinian people to restore their national rights, including return, self-determination and national independence," including the use of legitimate means.

2. The Peaceful Nature of Popular Resistance

Popular resistance takes non-violent forms, such as marches, sit-ins, boycotting settlement products, and defending lands. These practices are classified within freedom of expression and peaceful assembly according to international law:

• International Covenant on Civil and Political Rights (ICCPR), Articles 19, 21, and 22
• Universal Declaration of Human Rights, Articles 19 and 20

3. Legal Protection for Participating Civilians

International humanitarian law, especially the Fourth Geneva Convention, guarantees protection for civilians in occupied territories. Article 27 of the Convention emphasizes the necessity of respecting and protecting civilians from acts of violence.

Second: Settlement and Settler Incitement as Crimes Under International Law

1. Settlement is a War Crime

Israeli settlements in the West Bank are illegal under:

• Article 49(6) of the Fourth Geneva Convention
• Article 8(2)(b)(viii) of the Rome Statute of the International Criminal Court
• The International Court of Justice considered in its advisory opinion on the separation wall (2004) that settlement is a flagrant violation of international law

2. Settler Incitement and Organized Violence

Incitement, physical assaults, killing and destruction of property by settlers constitute acts of collective violence, which may be classified as:

• War crimes if systematic, directed and widespread
• Crimes of persecution under Article 7 of the Rome Statute
• Crimes of apartheid if linked to systematic racial discrimination policies

3. Responsibility of the Occupying State

The Israeli government bears full responsibility for the actions of settlers because:

• It is an occupying power under international law
• Settlers move under the protection of the Israeli army, and with government ministerial directives
• It refrains from prosecuting attackers, which constitutes complicity that incriminates it internationally

Conclusion

The Palestinian struggle against fascist settlement and settlement violence is not only based on moral and historical grievance, but enjoys clear legal foundations within the framework of international law. Popular peaceful resistance represents a legal and legitimate expression of the right of occupied peoples to self-determination, while settler crimes represent a flagrant challenge to the international legal system.