Was the Gaza Campaign Legal?
Amos N. Guiora
University of Utah - S.J. Quinney College of Law
David J. Luban
Georgetown University Law Center
February 1, 2009
ABA National Security Law Report, Vol. 31, pp. 1-6, February 2009
U of Utah Legal Studies Paper No. 057-09-01
This exchange on Operation Cast Lead - Israel's December 2008-January 2009 campaign in the Gaza Strip - includes essays by Guiora and Luban, followed by Guiora's response to Luban's essay and Luban's response to Guiora's. Luban argues that the Gaza campaign violated both the jus ad bellum and jus in bello proportionality principles. He also argues that the Hamas civil administration were not lawful targets under Israel's own interpretation of the law of armed conflict. Guiora argues that terrorism changes the landscape of armed conflict and requires a reconfiguration of international law. Under this reconfiguration, an entire terrorist organization may properly be targeted.
Number of Pages in PDF File: 16
Keywords: Israel, self-defense, international law, Hamas, Operation Cast Lead, proportionality, counterterrorism, nation state, terrorism, suicide bombing infrastructure, non-state actorAccepted Paper Series
Date posted: March 22, 2009 ; Last revised: June 29, 2010
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