p>The history of Israel’s crimes of occupation and massacre in Palestinian territories extends much further back than is commonly known. In fact, it dates back to the 1850s, well before the declaration of the establishment of the State of Israel by the Jewish National Council under the leadership of David Ben-Gurion in Tel Aviv on May 14, 1948. The first Jewish settlement, Mishkenot Sha’ananim, was established outside the walls of al-Quds between 1856 and 1860. Subsequently, with the support of Baron Abraham Edmond Benjamin James de Rothschild (d. 1934), one of the most ardent supporters of Zionism, other Jewish settlements were also established. Over time, with the opportunities created by the victors of World War I, thousands of Jews from around the world were brought to Palestinian lands through the efforts of Zionists. Meanwhile, by the 1940s, nearly one million Palestinians were forced to migrate. On November 29, 1947, a resolution passed by the UN General Assembly divided Palestinian lands between the original owners, the Muslim Arabs, and the Jews. Subsequently, Zionists escalated their terrorist activities in these lands, committing brutal massacres. On April 9, 1948, Zionist terrorists belonging to the Irgun and Lehi organizations raided the village of Deir Yassin near al-Quds, killing over 100 civilians. On May 22- 23, 1948, the Alexandroni Brigade of the Israeli army raided the village of Tantura near Haifa, massacring more than 200 civilians. In the following years, the killings, massacres, and occupation activities against the Muslims of Palestine intensified (Hasan Karakose, “Filistin ve Kudus Meselesine Genel Bir Bakıs (XIX. Yuzyılın Ortasından XX. Yuzyıl Ortalarına Kadar)”, Ahi Evran Universitesi Sosyal Bilimler Enstitusu Dergisi (AEUSBED), 2018, vol. 4/2, pp. 150- 165; Lutfullah Karaman, “Filistin”, TDV İslam Ansiklopedisi, https:// islamansiklopedisi.org.tr/filistin (24.02.2024)). On February 1, 2022, Amnesty International published a report titled “Israel’s Apartheid Against Palestinians: Cruel System of Domination and Crime Against Humanity”. In this report, Amnesty International defined Israel’s actions against Palestinians as apartheid, that is, systematic and racial discrimination amounting to genocide (https://www.amnesty.org.tr/ icerik/isgal-altindaki-filistintopraklarinda-israilin-apartheidrejimi (24.02.2024)). The events of October 7, 2023, were a direct consequence of these massacres and occupations. The attacks and massacres carried out by Zionist forces against the Palestinian people, as well as their policies of invasion and occupation, are fundamentally contrary to international law from every perspective. The occupation of Palestine and the establishment of an artificial state there is, in itself, a blatant violation of international law. While the Palestinian people, the rightful owners of these lands, undeniably possess the right to protect themselves and their identity, the de facto situation regarding the Israeli entity has now been recognized by nearly all countries through United Nations resolutions. This compels us to focus on the current state of affairs rather than the initial illegality of the occupation. From this point of view, the following reality becomes evident: From 1948 to the present, the inhumane practices carried out by Israel in Palestine have constituted a fundamental violation of contemporary international law (general principles of state law). These unlawful actions can be outlined as disregarding the following rules: The Covenant of the League of Nations, adopted after World War I, prohibited attacking another country without resorting to arbitration and without the League’s approval. On September 24, 1927, the League of Nations General Assembly explicitly declared that war could not be used as a means to resolve international disputes and that “aggressive war is an international crime”. Subsequently, the Geneva Protocol further defined aggression, stipulating that a state that refuses to resort to arbitration or fails to comply with an arbitration decision would be regarded as an aggressor. Accordingly, Israel’s actions clearly constitute an international crime under these principles. On August 27, 1928, the Briand-Kellogg Pact (Pact of Paris) was signed by fifteen states, including Türkiye. The pact deemed wars illegitimate except in cases of legitimate selfdefense or as a measure of international coercion. Thus, the actions of Israel, which is already an occupying power, aimed at expanding its territory, creating settlement areas for Jews, and displacing or eradicating the rightful owners of the land, are clearly established as unlawful. Moreover, the 1945 United Nations Charter contains multiple articles that prohibit any form of threat or use of force against the territorial integrity or political independence of another state. Israel’s actions constitute a blatant violation of these prohibitions. Unfortunately, the United Nations, particularly through the Security Council, has not only failed to prevent these violations but has, in many instances, assumed a protective stance towards them. According to Article 51 of the United Nations Charter, which is based on the principle of the sovereign equality of all states, any UN member state that is subjected to an armed attack has the right to legitimate selfdefense. Since Palestinian territories have been systematically occupied since 1948, both the Palestinian people and the State of Palestine, which is recognized by 138 countries and holds observer state status at the United Nations, possess the right to self-defense under this provision. Moreover, through its unlawful and inhumane actions, Israel has been consistently violating the following international agreements not only since October 7, 2023 but since 1947: 1864 Geneva Convention, Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. 1868 Saint Petersburg Declarations, regulating the means and methods of warfare. 1899 Hague Conventions, regulating the rules of land warfare. 1906 Geneva Convention, concerning the treatment of the sick and wounded in warfare. 1907 Hague Conventions, concerning the laws of war. 1929 Geneva Final Act and Conventions, regarding the treatment of the wounded and sick in the field. 1935 Washington Convention, protecting historical, cultural, and scientific properties. 1954 Hague Convention and Protocol, protecting cultural property during armed conflict. 1976 ENMOD Convention (UN Convention on the Prohibition of Environmental Modification Techniques for Military or Hostile Purposes). 1980 Geneva Convention on Certain Conventional Weapons (CCW), prohibiting the use of weapons that cause excessive injuries or have indiscriminate effects. Israel, which has failed to comply with any of the aforementioned international agreements, began its trial on December 29, 2023, at the International Court of Justice (ICJ), the principal judicial organ of the United Nations. The case was initiated by South Africa, a country that has itself experienced similar atrocities in its history, on the grounds that Israel violated the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide. After commencing its examination of the case, the ICJ issued a ruling on January 26, ordering Israel to take all necessary measures to prevent, restrain, and punish those calling for genocide against Palestinians in Gaza. The Court further instructed Israel to implement urgent and effective measures to provide essential services and humanitarian aid necessary to alleviate the dire living conditions of Palestinians in Gaza. Additionally, the ICJ ordered Israel to prevent the destruction of evidence indicating violations of the Genocide Convention against Palestinians in Gaza and to ensure the preservation of such evidence. Israel was also mandated to submit a report to the Court within one month of the ruling detailing all measures taken to comply with these directives. (https://www.aa.com. tr/tr/dunya/uluslararasi-adaletdivaninin-karari-israil-i-hemsevindirdi-hem-kizdirdi/3120287 (24.02.2024)) Although it is not a final ruling, the current decision by the International Court of Justice (ICJ) clearly indicates that Israel has committed acts of genocide. Furthermore, the United Nations Security Council Resolution 242, adopted on November 22, 1967, unequivocally establishes that Israel is an occupying state. Proposed by the United Kingdom and based on Chapter VI of the UN Charter, the resolution called for the establishment of a just and lasting peace in the Middle East. It emphasized that achieving this peace would require “Israel’s withdrawal from all territories it had occupied during the Six-Day War in 1967”, while also underscoring the necessity of “respecting the right of all states in the region to exist within secure and recognized boundaries.” (Zuhal Calık Topuz ve Mohammad Arafat, “Birlesmis Milletler Guvenlik Konseyi Kararlarının Filistin-İsrail Barıs Surecine Etkisi”, Ankara Universitesi Siyasal Bilgiler Dergisi Erken Gorunum, p. 5 (https://sbfdergi. ankara.edu.tr/dergi/erken_ gorunum/1949---Zuhal-CalikTopuz---Mohammad-Arafat.pdf) (24.02.2024)) While this is the situation according to the current rules of positive international law, what is the perspective in terms of Islamic law? According to the majority of Islamic jurists, the primary justification for war is hostile aggression and the denial of religious freedom. In other words, the fundamental causes of war are the enemy’s hostility toward Islam and Muslims and the restriction of the freedom to convey and practice Islam. The Qur’an explicitly states that the reason for war is the enemy’s attack on Muslims and their expulsion from their lands, as mentioned in several verses, particularly the first verse permitting war (Hajj, 22:39-40). Additionally, the following verses emphasize similar principles: “Fight in the cause of Allah (only) against those who wage war against you, but do not exceed the limits.” “Fight against them (if they persecute you) until there is no more persecution, “And what is it with you? You do not fight in the cause of Allah and for oppressed men, women, and children who cry out, ‘Our Lord! Deliver us from this land of oppressors! Appoint for us a saviour; appoint for us a helper—all by Your grace.’” (Nisa, 4:75) To reiterate, according to this verse, it is an obligation to take action to rescue Muslims who have been rendered helpless, whose lands have been occupied, and whose most basic rights have been stripped away. If military and economic conditions and the international context permit, this action may even extend to the level of war. As the Prophet Muhammad (saw) stated: “The similitude of believers in regard to mutual love, affection, fellow-feeling is that of one body; when any limb of it aches, the whole body aches, because of sleeplessness and fever.” (Muslim, “Birr” 66); “The Muslim is the brother of the Muslim, he doesn’t oppress him and doesn’t put him into ruin, and whoever is concerned for the needs of his brother, Allah is concerned for his needs, and whoever relieves a Muslim of a burden, Allah will relieve him of a burden from the burdens of the Day of Judgement and whoever covers (the faults of) a Muslim, Allah will cover (his faults) on the Day of Judgement.” (Muslim, “Birr” 58; Tirmidhi, “Hudud” 3)