Sul principio di proporzionalitŕ a Gaza, ovvero quando il fine non giustifica i mezzi

2009 ◽  
pp. 319-332
Author(s):  
Luisa Vierucci
Keyword(s):  
Gaza Strip ◽  
Relevant Information ◽  
Prima Facie ◽  
International Community ◽  
Military Operations ◽  
The Gaza Strip ◽  
Principle Of Proportionality ◽  
The Military

- The Operation Cast Lead launched by Israel in the Gaza Strip on December 27, 2008 has attracted strong condemnation by the international community for its disproportionate character. While there is no doubt that the conduct of the conflict by Hamas was in breach of the principle of proportionality, the evaluation of the military operations carried out by Israel in light of that principle is more complex. As we have attempted to show, the assessment of proportionality in contexts similar to those of the Gaza Strip has to be conducted both in a ius ad bellum and ius in bello perspective, the two approaches being so interconnected as to make the violation of the in bello proportionality foreseeable. However, this prima facie finding has to be tested against the assessment of proportionality conducted for each relevant incident - an exercise that can be made only when all relevant information is available.

L'operazione militare di Israele contro Gaza e il diritto internazionale umanitario

2009 ◽  
pp. 309-318
Author(s):  
Gabriella Venturini
Keyword(s):  
International Institutions ◽  
Gaza Strip ◽  
Arab Countries ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Negative Consequences ◽  
Customary International Law ◽  
The Public ◽  
The Gaza Strip ◽  
The Military

- The Israeli armed action in the Gaza Strip between December 27, 2008 and January 18, 2009 has prompted vehement protests of the public, especially in the Arab Countries and in Europe. The reaction of international institutions has varied. While the UN Human Rights Council strongly censured Israel, placing light blame on the rocket attacks made from Gaza against Israeli towns, the UN Security Council was much more measured in itsresponde. Generally speaking, ius in bello (or International Humanitarian Law, IHL) was not extensively addressed by the international institutions, which instead focused their debates on the legitimacy of the use of force. For different reasons, neither Israel nor Hamas is bound by the most relevant IHL Conventions on the conduct of hostilities during armed conflict. The broad rules of customary international law prove barely adequate to restrain the use of means and methods of combat in asymmetrical conflicts. Although the victims may have recourse to domestic (Israeli) jurisdiction to redress their losses, the military action in Gaza will have long lasting negative consequences in the troubled area of Palestine.

The Eclipse

2019 ◽  
pp. 107-130
Author(s):  
Samy Cohen
Keyword(s):  
Large Scale ◽  
Gaza Strip ◽  
Peace Movement ◽  
Military Operations ◽  
War And Peace ◽  
The Holocaust ◽  
The Face ◽  
History Of ◽  
The Subject ◽  
The Gaza Strip

2006-2010: during these four decisive years in the history of the peace movement, the movement experienced a dramatic eclipse. Within an Israeli society that had grown increasingly nationalist, more attached to symbols of Jewish identity and the memory of the Holocaust, more concerned than ever about security, and less interested in making peace with the Palestinians, the movement was incapable both of promoting a message of peace and taking a stance on the subject of human rights. It seemed apathetic, paralyzed, almost non-existent in the face of the terrible events that marked the period. This chapter shows how and why this eclipse occurred. These years were punctuated by two large-scale military operations, the war in Lebanon in July 2006 and Operation Cast Lead in the Gaza Strip from late 2008 to early 2009. These hostilities caused turmoil in the Israeli collective psychology and the perception of war and peace.

Israel and the Palestinian Authority: Jurisdiction and Legal Assistance

1994 ◽  
Vol 28 (2-3) ◽  
pp. 318-346 ◽  
Author(s):  
Celia Wasserstein Fassberg
Keyword(s):  
Gaza Strip ◽  
Political Control ◽  
Legal Assistance ◽  
Military Government ◽  
Palestinian Authority ◽  
Military Installation ◽  
The Gaza Strip ◽  
The Military

The Cairo Agreement on the Gaza Strip and the Jericho Area, signed on May 4, 1994, seeks to implement the Declaration of Principles on Interim Self Government Arrangements signed in Washington on September 13, 1993 and, in particular, to put into effect its Protocol on Withdrawal of Israeli Forces from Gaza and the Jericho Area. The primary purpose of the Agreement is then to transfer territory from Israel to the Palestinian Authority. Article V of the Agreement defines this territory as covering the Gaza Strip and Jericho, excluding the Settlements and the Israeli military installation area. The transfer of territory is naturally accompanied by a transfer of legal and political control from the Military Government to the Palestinian Authority. But the Agreement does not simply assign to the Palestinian Authority all legislative, executive and judicial functions within the territory transferred to its control.

OPERATION «BROTHER’S KEEPER» IN CONTEXT OF THE PALESTINIAN-ISRAELI STANDOFF

2016 ◽  
pp. 131-136
Author(s):  
V. M. Morozov ◽  
A. A. Ermakov
Keyword(s):  
Large Scale ◽  
West Bank ◽  
Gaza Strip ◽  
Military Operations ◽  
The West ◽  
World Community ◽  
Underground Infrastructure ◽  
The Gaza Strip ◽  
State Of Israel ◽  
Radical Movement

Nowadays the Gaza Strip radical movement HAMAS is the most dangerous opponent for the State of Israel in the Palestinian arena. In recent years most attention of the world community has been focused on the events in the Gaza Strip. This attention is caused by the dynamics of standoff and the scale of events occurred. During the period after authority setting in the Palestinian enclave by HAMAS movement Israel carried out a series of large-scale military operations. These were «Cast Lead», «Pillar of Defense» and «Protective Edge». However for better understanding of dynamics of the conflict between Israelis and Palestinians it is necessary to pay equal attention to confrontation both in the Gaza Strip and West Bank. In the article the authors study the events of June 2014 that were a part of the permanent standoff in the West Bank. In June 2014 after abduction of the three teenagers by radicals Israel carried out the operation «Brother's Keeper» which preceded the large-scale operation «Protective Edge». The actions of Israelis aimed at weakening the infrastructure of HAMAS. During the operation in the West Bank Israel used considerable forces. Israelis caused a painful blow to HAMAS. The results of the operation «Brother's Keeper» suggested that the radicals of the West Bank may get developed underground infrastructure and developed infrastructure for production of rockets. The events of summer 2014 in zone of the Palestinian- Israeli conflict showed that escalation may spread from one part of the Palestinian land to another.

scholarly journals Fatigue assessment through non-invasive physiological monitoring in military performance: protocol for a systematic review

2018 ◽  
Vol 2 (2) ◽  
pp. 75-83 ◽  
Author(s):  
Lidia Denisse Bustos Sandoval ◽  
J. C. C. Guedes ◽  
J. Torres Costa
Keyword(s):  
Systematic Review ◽  
Life Stress ◽  
Real Life ◽  
Relevant Information ◽  
Negative Consequences ◽  
Military Operations ◽  
Fatigue Assessment ◽  
Military Performance ◽  
Meta Analyses ◽  
The Military

During military operations, soldiers often encounter extreme environmental, metabolic and neuropsychiatric conditions, which combined lead to a fatigue status that can cause serious physiological impairments, decreasing military performance on the battlefield. Comprehensive studies in realistically stressful environments are essential to expand the knowledge regarding the consequences of real-life stress exposure, facilitate development of operationally-useful techniques and promote the conception of improved treatments. Therefore, a systematic review is proposed to obtain relevant information about fatigue assessment through multiple physiological parameters in the military context, to focus on determining the associations between fatigue and physiological response in order to plan in the future adequate interventions to prevent related negative consequences. Thus, following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses Protocols (PRISMA-P) Statement, this systematic review protocol was elaborated in order to present adequate guidelines to develop a research that can provide appropriate results to fulfil the sought objective. Five databases will be accessed (SCOPUS, PubMed, Science Direct, Medline and Web of Science) and a total of 9 combinations of keywords will be used. This protocol is registered in PROSPERO under the code of PROSPERO CRD42018105833.

scholarly journals PRINSIP RESPONSIBILITY TO PROTECT (R2P) DALAM KONFLIK ISRAEL- PALESTINA: BAGAIMANA SIKAP INDONESIA?

Arena Hukum ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 314-327
Author(s):  
Setyo Widagdo ◽  
Rika Kurniaty
Keyword(s):  
United Nations ◽  
Gaza Strip ◽  
International Community ◽  
Responsibility To Protect ◽  
General Assembly ◽  
Legal Research ◽  
Conceptual Approach ◽  
Humanitarian Crisis ◽  
Un General Assembly ◽  
The Gaza Strip

This article aims to discuss the Principles of Responsibility to Protect (R2P) that may be applied to the conflict in the Gaza Strip between Israel and Palestine. This normative legal research using a conceptual approach and a case approach indicates that the humanitarian crisis resulting from the conflict needs to be the focus of the international community, and the R2P principle may be applied as an alternative solution. Although the R2P principle is not a legal formulation, R2P plays an important role. It is recognized as an emerging norm or an obligation with a legal significance. R2P has been agreed upon and accepted by most countries globally that are members of the United Nations through UN General Assembly Resolutions. R2P assigns responsibility to the international community to help parties protect populations from the crime of genocide. Ultimately, R2P is expected to encourage states to fulfill their legal responsibilities and obligations, help build capacity to protect populations, and provide assistance to states in emergencies.

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