Hamas’ Oct. 7 war was not “aggression” because they entered “lands of the State of Palestine” and rightfully took hostages.
Syrian lawyer Muhammad Na’im Akbik: “The occupation (i.e., Israeli) regime is responsible for the rehabilitation of the hospitals [in Gaza]. Not only [is it forbidden for it] to bomb them, but it must rehabilitate them. Today you [Israel] cannot use the excuse that there are rifles inside the hospital, because the law explicitly states that medical military personnel can carry personal weapons. The fact that there are weapons along with wounded inside the hospital doesn’t mean it has become a military base… [The Israelis] say they are acting in legitimate self-defense according to Article 51, and claim: “Aggression was committed against me (i.e., in Hamas’ Oct. 7 war).”
Where was aggression committed against you? Let’s go back to the [UN] partition resolution. According to the partition resolutions, the lands entered [by Hamas] are lands of the State of Palestine… You say [the Palestinians] entered and took hostages. Fine. Let’s examine the Convention Against the Taking of Hostages in Article 12. Do liberation movements from occupation not have the right to take hostages from the occupation? Yes, they have a right.” Host: “According to the law?” Muhammad Na’im Akbik: “I’m speaking according to the law, according to the New York Convention.”
[Official PA TV, Capital of Capitals – Damascus, Nov. 30, 2025]
Medical teams are allowed to carry small arms for self-defense, but not machine guns and missile launchers as were found to have been stored by Hamas in Gazan hospitals.
“The New York Convention” refers to the 1979 UN International Convention Against the Taking of Hostages.