However, the question of whether self-defense is justified in response to an armed attack, especially when it stems from an armed group rather than another state, and whether the attack must materialize to legally invoke self-defense, remains a complex issue under debate among scholars. In the recent conflict between Israel and Hamas, firstly it is imperative to understand the geopolitical dynamics between the two entities. A critical consideration lies in the fact that a state (Israel) cannot maintain control over the territory (Western Bank and Gaza) it occupies while simultaneously launching military attacks because the occupied territory is “foreign” and poses an external national security threat. So, can the “right to self-defense” be
exercised by the occupant (Israel) wherein it is already using police force to maintain law and order?
Under international law and community, the West Bank and the Gaza Strip have been duly
recognized as militarily occupied territories since 1967. Israel, as the occupant, has the right to protect itself and its citizens from attacks by Palestinians within these territories. However, Israel also has a responsibility to maintain law and order, ensuring the security and well-being of the occupied population, as outlined in
Regulation 43 of the Regulations concerning the Laws and Customs of War on Land. This legal framework allows the use of force for law enforcement purposes but emphasizes the need to prioritize civilian safety and use lethal force only as a last resort. These principles distinguish the right to self-defense from the right to police, both of which are governed by the laws of armed conflict and differ from peacetime human rights law regulations.