2024 Theses Master's

Settler States and Self-Determination: Colonialism's Role in Asymmetric Warfare and Amplifying the Inadequacies of International Humanitarian Law for Liberation Movements (A Case Study of Occupied Palestine)

Bechdol, Grace

This paper examines the colonial roots of international humanitarian law (IHL), the impact of settler colonialism on asymmetric warfare, and its role in exposing and exacerbating the inadequacies of IHL. Using the Israeli occupation of Palestine and the ongoing Gaza war as a case study, the research explores how settler colonial practices and ideologies shape the dynamics of asymmetric conflicts, challenging traditional IHL frameworks.

The study analyzes the historical development of IHL, its colonial roots, and its limitations in addressing prolonged occupations and resistance movements. By examining the roots of Israeli settler colonialism in Palestine and the recent International Court of Justice advisory opinion on the illegality of Israeli occupation, the paper highlights the tensions between the right to self-determination and the realities of colonial dominion.

It argues that the legacy of settler colonialism contributes to the dehumanization of occupied populations and fuels a cycle of violence and impunity. The research concludes by proposing potential reforms to IHL, including expanding the scope of civilian harm assessment, reconsidering combatant status in non-international armed conflicts, and adopting a human rights-based approach. These findings contribute to ongoing debates about the effectiveness of IHL in modern, asymmetric conflicts and liberation movements and underscore the need for a more nuanced legal framework that accounts for the realities of settler colonial contexts.