Does Palestine have a right to war?

Answer 1

Assuming that this is asking about "right to war" in the legal context of "jus ad bellum", the criteria can be discussed below.

Most Western Just War Theory revolves around Christian perceptions. I am personally unaware of what Islamic Just War Theory looks like, so I will perform the traditional Western, Christian analysis. According to Thomas Aquinas, there were three criteria that would need to be satisfied for Palestinians to have a right to war.

First, war must occur for a good and just purpose rather than for self-gain or as an exercise of power. -- It would seem that a good number of Palestinians are in line with this goal, seeking an independence that would be to determine a localized fate. Others are non-domestic entities that are using the conflict between Israel and Palestine as way for hurting Israel with little regard for the Palestinians at all. These would be unjust provocateurs and would consequently fail the requirements of a right to war on behalf of Palestine.

Second, just war must be waged by a properly instituted authority such as the state. -- This is where Palestine and most independence groups fail. However, there is an understanding that an organized leadership can serve as a quasi-state entity for the purposes of just war theory. Unfortunately in the Palestinian case, there are two current governments, which makes the analysis more controversial. It is left to the individual whether there are enough chinks in the armor here to say that Palestine fails for being a non-united quasi-state entity or whether this is to be expected of legitimate rebellion.

Third, peace must be a central motive even in the midst of violence. -- Fatah does concern itself with attempting to achieve peace and has largely minimized its militant wing in order to become a more effective administrative agency. It has made several different accords with Israel and has held out the olive branch, at times when Israel has been less than receptive. Hamas, though, clearly fails this requirement. Their charter and their spokespeople make clear that they have no willingness to accept and terms of peace or negotiated settlement. Hamas makes clear that its only acceptable fate is victory or death, making it incredibly bellicose and therefore unjust.