Serious question: Would the actions of Hamas be legal under international law?

Many Americans believe Israel has a right to abuse Palestinians. It is virtually impossible to have a rational discussion with these people. Which, unfortunately, includes President Biden.


Plugs supports Gaza. He gave almost a Billion directly to Gazans.

[B"]Biden remains committed to two-state solution[/B] amid Israel ...

The Biden administration remains committed to a two-state solution between Israel and Palestine, National Security Council coordinator for strategic communications, John Kirby, told "CBS Mornings" on Tuesday, four days after Hamas militants launched a large-scale attack on Israel.1 day ago

CBS News
https://www.cbsnews.com › CBS Mornings
 
Under International Humanitarian Law the occupied have the duty to resist.

There is no international law stating a duty to resist occupations. If one resists an occupation as part of a military, with a command structure, uniforms, and most importantly obeying the laws of war, then one will be considered a POW if captured. That is not a duty to resist, but makes it not illegal to resist.

For the most part, Hamas is not being criminally arrested, so it does not matter. Beyond that, they are not following the laws of war. I guess a Hamas member who is fighting against Israelis who was captured could conceivably claim to be a POW, but he would still be held indefinitely. Which is not much of an improvement.

I cant find any restrictions on the right to resist as South Africa and other colonial countries engaged in terrorism in their liberation struggles all the time.

South Africa has had several wars where both sides engaged in what can reasonably be called terrorism. For the most part, the side not in government were treated as criminals, or even worse. The Boers were literally put into concentration camps for supporting terrorism(worse than normal criminal justice).

The closest thing I can think of as an exception was at the end of Apartheid, both sides were offered amnesty for their terrorism. They had to admit guilt to Truth and Reconciliation Commissions, which does mean they were guilty of crimes.
 
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