Francesca Albanese, the UN Special Rapporteur for Palestinian Territories – recently said that the Israelis cannot claim “self-defence” in any of the “Illegally occupied Palestinian territories”. And we concur. Here’s why…

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Francesca Albanese, the UN Special Rapporteur for Palestinian Territories – recently said that the Israelis cannot claim “self-defence” in any of the “Illegally occupied Palestinian territories”. And we concur. Here’s why…

Francesca Albanese (photo credit: Twitter).

Last week, Francesca Albanese said that Israel can’t claim self-defence in the illegally occupied territories.

Legally, this is straightforward.

Because Israel is basically an illegal occupier in those territories, and no illegal occupiers in any legal jurisdiction in the world, are afforded the defence argument of “self-defence”.

To claim it, is a classic oxymoron and legally unacceptable.

Many within the Israeli lobby, which includes many disparate entities and individuals, jumped on this and misrepresented what Albanese literally said and meant.

They howled, that she said Israel (sovereign Israel) has no right to claim self-defence. Which is a clear fabrication. Because she clearly and specifically referred to the Illegally occupied territories. Not, sovereign Israel.

Albanese clarified this in subsequent tweets:

“When accuracy is replaced with sensationalism, what is left of the right to information? Flaming and biased reporting do a disservice to the public’s right to accurate and objective information.

At a tumultuous and painful time for Israelis & Palestinians, I am disheartened to see @TimesofIsrael misrepresenting and decontextualizing my words once again.

Israel justifies its repression of Palestinians as ‘self-defense’. However, self-defense can’t be used as a blanket claim when the repression has mainly served to perpetuate the military occupation in West Bank/Jerusalem/Gaza, denying Palestinians their rights for 56 yrs.

Israeli actions in the oPt only stoke the flames of violence, perpetuating a cycle of needless suffering for both sides. The occupation must end.”

(Francesca Albanese).

The fact that the OPTs are illegally occupied under international law was reiterated recently by the UK government:

Conservative MP Nigel Huddleston (Minister of State, Department for Business and Trade), said in the House of Commons, on the 23rd of March 2023.

“The UK has a clear position on Israeli settlements in the Occupied Palestinian Territories – they are illegal under international law and constitute an obstacle to peace and the two-state solution.

As set out in Foreign, Commonwealth and Development Office guidance.”

This legal fact was also reiterated by the UN – Human Rights, Office of the High Commissioner, on the 20th of October 2022.

If we begin to allow illegal occupiers anywhere, not just in Palestine, the right to claim self-defence, then it’d mean anyone can takeover another’s land with force, and claim self-defence when the occupied attempt to exercise their legal right of trying to push out the illegal occupiers.

It’d mean, the Ukrainians would try to push out Russia from Ukrainian territory, and Russia can simply claim self-defence in order to maintain the illegal occupation.

Imagine this – someone occupies a part of your home, and when you try to push out the illegal occupiers, they had legal recourse of claiming self-defence.

It’s absurd, and legally unacceptable as a defence for remaining there as illegal occupants.

The Israeli lobbies that pursue this legally illegitimate argument, are in fact helping put Jewish people all around the world in peril.

Because, they are painting a false picture that attempts to legitimise Jewish people travelling to these illegally occupied Palestinian territories to live there, and making them believe that they will have a right to self-defence there, when they actually don’t.

It paints a false picture that suggests it is legal to go and live on those illegally occupied territories, when in fact, it is illegal to do so.

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