08/10/2023

Operation Al-Aqsa Flood, launched from the blockaded Gaza Strip into the territories occupied by Israel via sea, air, and land on October 7, 2023, has prompted various claims and disputes in the media. This essay aims to address and assess these claims from a legal perspective:

Assessment of Claims Regarding Hamas ıs Terror Organization and Civilian Casualties in Operation Al-Aqsa Flood

Founded in 1987 by Sheikh Ahmed Yassin, the Sheikh Izz ad-Din Kassam Brigades, the armed wing of Hamas (Islamic Resistance Movement), executed Operation Al-Aqsa Flood. The frequent characterization of Hamas as a terrorist group is a prominent theme in both local and foreign media.

Throughout the years, Israel has maintained its presence in the entire Palestinian territories, including Gaza, through methods deemed by many as terroristic. According to international law, territorial acquisition through such means is unequivocally unlawful, as stated in Article 2/4 of the 1945 United Nations Charter. Despite this fundamental principle recognized by all states, Israel’s occupation of Palestinian territories has persisted through acts such as massacres and isolation. Numerous human rights violations, amounting to what some consider open genocide, have occurred over the years, including events like the Deir Yasin Village, Sabra and Shatila, Hebron, and the Tunnel Massacre in Jerusalem. The United Nations Security Council has adopted 62 resolutions condemning Israel’s violations of international law, particularly UN Security Council Resolutions 242 and 338.

Palestinian groups have been established to combat Israel’s systematic and racist assaults on human rights within the framework of the right to self-determination. The existence and struggle of these Palestinian groups are extensions of the right to self-determination, a principle explicitly articulated in the “Covenant on Economic, Social and Cultural Rights” and the “Covenant on Civil and Political Rights,” both of which have become foundational norms of international law. It is legally untenable to label Hamas, a resistance organization defending its territory against Israeli occupation and human rights violations, as a terrorist organization. Operation Al-Aqsa Flood, an endeavor by Palestinians to re-establish sovereignty over territories occupied by Israel, is a natural consequence of the Palestinian Right of Return, as also addressed in UN General Assembly Resolution 194. Consequently, Operation Al-Aqsa Flood aligns fully with international law.

Assessment of Claim That Hamas ıs Killing Civilians

Hamas targeted Israelı military positions in Operation Al-Aqsa Flood. The assertion that Israeli civilians were injured, killed, or captured is frequently reported in both local and foreign media. Targeting and injuring civilians who are not parties to the conflict is legally unacceptable. However, it is crucial to scrutinize these allegations meticulously.

It is erroneous to classify “settlers” in Israel as civilians residing in foreign countries. These settlers are individuals recruited and armed by Israel to occupy Palestinian land. They have voluntarily arrived from various parts of the world to usurp Palestinian territory. The issue of settlers, closely linked to the status of Jerusalem and the territorial integrity of Palestine, has been labeled “illegal” in United Nations Security Council resolutions, including UN Security Council Resolutions 446, 452, and 465. Furthermore, the 2004 decision of the International Court of Justice emphatically affirmed that the settlements Israel occupies and establishes in Palestinian territories contravene Article 49/6 of the Fourth Geneva Convention. Each Israeli settlement unit functions as an outpost with armed and specially trained personnel stationed within them.

Reports in the media about clashes occurring in Israeli settlements during the Al-Aqsa Flood operations, which initiated from Gaza, have highlighted the capture of prisoners. This suggests that the individuals in these settlements were not civilians residing in the area but professional soldiers. Consequently, the allegation that Hamas undertook actions that harmed civilians is legally unfounded.

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