The Non-Applicability of Self-Defense to Israel’s Use of ‎Force in the Gaza War (2023–2025)‎

Document Type : Original Article

Author

The assistant professor of department of criminal and criminology, faculty of Law and Political science, Ferdowsi university of Mashhadt

10.22091/ijicl.2026.11861.1113

Abstract

The October 7 Al-Aqsa Storm Operation (hereinafter referred to as the October 7 Operation) was a cross-border attack by Hamas against the Israeli occupying regime. In response, the Israeli regime launched military operations, claiming that its actions were based on self-defense and retaliation. This issue remains highly controversial under international law.

The October 7 Operation falls within the scope of the National Liberation Movement (NLM). NLMs, based on the right to self-determination, often resort to the use of force to expel foreign occupiers from territories where their national group resides. This article examines whether the use of force under the justifications of self-defense or retaliation against Palestinian resistance is legal under international law.

Findings indicate that invoking self-defense and retaliation against an NLM and the Palestinian people contradicts international law and is therefore illegal. The illegality of such actions stems from the fact that both self-defense and retaliation are prohibited against NLMs, including the Palestinian movement.

This study employs a descriptive and analytical approach. A survey was conducted to assess the legal implications of Israeli military operations against Palestinian resistance under international law. The research is based on sources obtained from both online databases and libraries.

Findings confirm that self-defense and retaliation as responses to the October 7 Operation, carried out by Israeli military forces against Palestinian resistance, are illegal under international law, as Palestinian resistance qualifies as an NLM. Additionally, findings classify Hamas within the framework of NLMs.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 11 February 2026

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