Thread by @Aizenberg55

🧵The assertion that Israel has no right of self defense against Hamas within Gaza because it is "occupied" is false (as often stated by @mehdirhasan). Inane claim is based on ICJ advisory opinion – but a key clause in this same document says the opposite! Analysis: 1/

First, notion that Gaza is occupied is baseless and relies on fabricated int'l law applied to Israel alone. But for this discussion let's assume Gaza is in fact occupied. With this in hand people next look to an Int'l Court of Justice (ICJ) Advisory Opinion from 2004. 2/

ICJ opinion is: "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory" about separation barrier. Importantly it is an advisory opinion, not codified int'l law. So it's not actual law, but let's again accept it is. 3/
en.wikipedia.org/wiki/Legal_Con…

Clause 139 is the favored clause of the int’l law fabricators. It says Article 51 of UN Charter allowing self defense does not apply because Gaza is occupied and not a foreign state. So Israel cannot do anything against Hamas within "occupied" Gaza. Voila, right? 4/

Wrong! Those citing this ICJ opinion, the sole "evidence" Israel has no right of self defense in occupied Gaza, gleefully cite Clause 139 but dishonestly don't tell you about Clause 141 that acknowledges terrorism and Israel's "RIGHT AND DUTY" to respond! 5/

So a non-legally binding opinion which only discusses separation barrier (ICJ euphemistically calls a wall) says Israel can't use Article 51 to combat terrorists in occupied area but says in Clause 141 that it in fact can! Those who say Israel cannot defend itself are lying. 6/

Clause 141 says defense must “remain in conformity” with int’l law. What does Geneva say about war in occupied territory? Is this legal? Yes. Geneva authors were smart, no stupidity & lies like fake NGOs, UN officials @mehdirhasan hoping to stop Israel from fighting Hamas. 7/

Geneva IV Article 2 makes clear that entire body of law applies "to all cases of partial or total occupation." Of course. When allies occupied Germany of course they could respond to attacks against it from anyone. Only idiots, liars and Israel-haters would think otherwise. END