Part III Thematic Chapters, A Means and Methods of Warfare, 3 The 2014 Gaza War: reflections on jus ad bellum, jus in bello, and accountability »
Sharon Weill, Valentina AzarovaFrom: The War Report: Armed Conflict in 2014
Edited By: Annyssa Bellal
This chapter examines the 2014 Gaza War. The 51 days of hostilities in the Gaza Strip in the summer of 2014 was the twelfth round of massive fighting that had happened in that area since 1948 and the third one since Israel ‘disengagement’ from Gaza in 2005. These hostilities led to a huge number of civilian casualties. The chapter looks at events that are relevant to the context in which the hostilities of 2014 occurred. The chapter assesses key issues related to jus ad bellum, jus in bello and accountability that have been raised by the hostilities. It looks into the possibility of invoking the right to self-defense, as the legal justification for the use of force in the Gaza conflict context. The chapter then surveys specific violations of the principles on the conduct of hostilities under international humanitarian law (IHL) committed during the 2014 hostilities by the Israeli military and Palestinian armed groups. The final part discusses the effects of recent developments related to individual accountability for IHL violations in the Israel/Palestine setting with particular attention to the prospects of Palestine's accession to the International Criminal Court (ICC).
Mutaz M Qafisheh, Valentina AzarovaFrom: The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary
Edited By: Andreas Zimmermann, Felix Machts (Assistant), Jonas Dörschner (Assistant)
D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. D. Cette Convention ne sera pas applicable aux personnes qui bénéficient actuellement d'une protection ou d'une assistance de la part d'un organisme ou d'une institution des Nations Unies autre que le Haut Commissariat des Nations Unies pour les réfugiés. When such protection or assistance has ceased for any reason, without the position of such persons being...
Valentina Azarova, Ido Blum
1 Belligerency is the condition of being in fact engaged in war. A nation is deemed a belligerent even when resorting to war in order to withstand or punish an aggressor. A declaration of war is not required to create a state of belligerency. Through the application of the laws of war to civil wars, the doctrine challenges the State-centric model of international law, which goes back to the US civil war during which it was affirmed by the US Supreme Court in the 1862 Prize Cases and then codified in the 1863 Lieber Code. 2 Traditionally, the doctrine of...
Valentina Azarova, Ido Blum
1 A suspension of hostilities is an agreed cessation of the fighting within a period of war. A number of terms are used to depict a suspension of hostilities, namely, truce, armistice, and ceasefire. 2 Truce is the oldest term, which originally had a religious connotation. A ‘Truce of God’ (Treuga Dei) was a measure by which the Catholic Church suspended warfare on certain days for religious reasons. The term ‘ceasefire’ was introduced into international legal parlance in the post-World War II era. Although some scholars ascribe to truce and ceasefire divergent...