Academic Paper: The Legal and Political Status of the Arms of National Liberation Movements under International Law: An Analytical Study of the Disarmament Question under Foreign Occupation

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By: Dr. Saddam Ibraheim Sehweil.
(Exclusively for al-Zaytouna Centre).

Al-Zaytouna Centre for Studies and Consultations has published a new academic paper, titled “The Legal and Political Status of the Arms of National Liberation Movements under International Law: An Analytical Study of the Disarmament Question under Foreign Occupation,” by Dr. Saddam Ibraheim Sehweil.

This study examines whether international law establishes a general legal obligation requiring national liberation movements to relinquish their arms before the termination of occupation, and whether such a requirement is supported by international practice.

The study adopts an analytical approach to examine the relevant international legal texts, complemented by a descriptive approach tracing the historical evolution of the international recognition of the right of peoples to resist. It also employs an applied approach through an analysis of the Algerian experience as a practical model illustrating the relationship between armed resistance and political settlement.

The study concludes that international law recognizes the right of peoples under colonial rule and foreign occupation to self-determination and accords national liberation movements a distinct legal status. However, it does not establish a general rule requiring such movements to disarm before the end of occupation. The study further demonstrates that the legitimacy of resistance arms remains subject to the rules of international humanitarian law and that the Algerian experience confirms that the issue of arms was addressed within the framework of the settlement that ended the occupation, rather than as a legal precondition for ending it.

The study’s scholarly contribution lies in demonstrating that international law does not establish a general rule requiring national liberation movements to disarm before the end of occupation. By combining an analysis of international legal instruments with international practice, the study helps establish a legal foundation for addressing this issue and enriches the scholarly debate surrounding it.

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>> Academic Paper: The Legal and Political Status of the Arms of National Liberation Movements under International Law: An Analytical Study of the Disarmament Question under Foreign Occupation … Dr. Saddam Ibraheim Sehweil (26 pages, 2.4 MB)