Abstract

http://ssrn.com/abstract=1394181
 


 



Whose ‘Conduct Unbecoming’?: The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator


Orna Ben-Naftali


The Striks School of Law, College of Management Academic Studies; The Emile Zola Chair for Human Rights

Noam Zamir


Independent

March 2009

Journal of International Criminal Justice, Vol. 7, Issue 1, pp. 155-175, 2009

Abstract:     
The article focuses on the decision of the Israeli Military Advocate General (MAG) to charge an officer who ordered the shooting of a handcuffed, blindfolded Palestinian demonstrator, and the soldier who executed the order, for ‘conduct unbecoming’. It advances the following propositions: (i) from the perspective of the applicable international law, the facts of the case qualify the shooting as a war crime; (ii) said decision of the Israeli MAG is indicative of a policy of tolerance towards violence against non-violent civilian protest against the construction of the Separation Wall; (iii) the implication of such policy is twofold: first, it might transform ‘conduct unbecoming’ - which as a matter of law is a war crime - into a crime against humanity; second, it may well be construed as an invitation to the international community to intervene through the exercise of universal jurisdiction.

Accepted Paper Series





Not Available For Download

Date posted: April 28, 2009  

Suggested Citation

Ben-Naftali, Orna and Zamir , Noam, Whose ‘Conduct Unbecoming’?: The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator (March 2009). Journal of International Criminal Justice, Vol. 7, Issue 1, pp. 155-175, 2009. Available at SSRN: http://ssrn.com/abstract=1394181 or http://dx.doi.org/mqp012

Contact Information

Orna Ben-Naftali (Contact Author)
The Striks School of Law, College of Management Academic Studies ( email )
7 Yitzhak Rabin Blvd.
P.O. Box 25072
Rishon LeZion, 75190
Israel
972-3-9634122 (Phone)
972-3-9634112 (Fax)
HOME PAGE: http://www.colman.ac.il
The Emile Zola Chair for Human Rights ( email )
7 Yitzhak Rabin Boulevard
PO Box 25072
Rishon L’Tzion, 75190
Israel
HOME PAGE: http://www.colman.ac.il/English/TeachingResearch/research_institutes/Zola_Human_Rights/Pages/default
Noam Zamir
Independent ( email )
No Address Available
United States
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