The 2014 Gaza War: Reflections on Jus Ad Bellum, Jus in Bello, and Accountability
Annyssa Bellal (ed.), The War Report 2014 (Oxford University Press 2015) pp. 360-387
28 Pages Posted: 11 Feb 2016 Last revised: 11 Mar 2018
Date Written: December 9, 2015
Abstract
This paper assesses key issues related to jus ad bellum, jus in bello, and accountability that are raised by the hostilities in Gaza in summer 2014. It examines the possibility of invoking the right to self-defence, as the legal justification for the use of force in Gaza (A). It then surveys specific IHL violations committed during the 2014 hostilities (B). 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) (C).
Keywords: Gaza, Israel-Palestine, International Criminal Court, Self defence, IHL
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