Gaza Conflict: Legitimacy of Israel

The latest Israeli offensive, Operation Protective Edge, was officially launched on July 8, 2014. As of July 18, more than 250 Palestinians have been killed, 76% of whom were civilians[1], while one Israeli was also killed in a mortar attack by Palestinians. The international community has reacted as it always does. The Arab world has reluctantly condemned the damage caused to the life and property of Gazans, Turkey and Iran have explicitly opposed the Israeli actions, while USA has expressed its clear support for the offensive and has reiterated Israel’s right to defend itself. This conflict between the positions of Iran and some other regional powers and that of USA and its allies regarding the Palestinian issue is often observed but rarely anyone realizes the cause behind it? Why is it that some countries, and not only the governments but also most of the people, have a one sided approach to the conflict. Of course it would be because a certain approach serves the interests of one group while another approach serves the interests of another. But apart from interests, there always has to be a normative basis for adopting different approaches. Governments can’t justify their stances and actions to their people regarding any conflict on the basis of interests alone. Because for them the politics is about interests, but for the people it is about ideals. 

In the case of USA and its allies, the theoretical basis for the one sided approach towards the Palestinian conflict is the assumption of legitimacy of the Israeli state and the opposite is true for their rivals in the Muslim world. While taking a position on the conflicts between Israelis and Palestinians it is taken for granted by the West that Israel is a legitimate state. That’s where the recurring theme of ‘Israel’s right to defend itself’ comes from. This is the fundamental assumption to which the Iranian government and most of the people in the Muslim world disagree.

Political legitimacy is said to stem from the consent of people over whom a political entity exercises authority. For example, a government will be legitimate if it has the consent of the people who are being governed by it. Ideally, a legitimate authority is supposed to enforce its rule without the use of coercion. That is to say that people willingly submit to it. In case of Israel, the political legitimacy is usually concluded by affirming that the people of Israel submit to the authority of the state of Israel with their consent. The government is formed by popular vote and policies are devised by democratically elected representatives of the public. Thus, the state of Israel has the right to exercise authority over the land and people of Israel. Once the political legitimacy is established, the state also gets the right to defend itself.

However, while establishing the political legitimacy of Israel, a very important detail is usually overlooked. To understand it, one has to adopt the historical approach. Israel was established by the colonial Britain in Palestine. Talking of legitimacy, colonialism was itself illegitimate in the first place. The formation of the new state was made legal by the United Nations. The legitimacy of the UN is also debatable since it has five ‘permanent’ members which happen to have veto power. In terms of legitimacy based on consent of the people, the Palestinians never consented to any UN resolution depriving them of their homeland to form another state. It is widely accepted that there can be legal actions which are not legitimate. Apparently the UN partition plan that divided Palestine was one of them.

To make it simple, the land of Israel originally belongs to the Palestinians. So, the legitimacy of the state of Israel doesn't depend on the consent of Israelis. It instead depends on the consent of Palestinians. This point of view makes Israel an illegitimate entity as the Palestinians collectively oppose the existence of the Zionist entity in their homeland and thus it can be said that Israel does not have the right to defend itself. Creation of Israel was a deliberate political mistake by the West for which it has been paying with money in the form of aid to Israel, the Palestinians have been paying with their blood, and Israeli Jews have been paying with the constant threat to their existence.

1. Gaza Emergency Situation Report