Was the Gaza Campaign Legal?

ABA National Security Law Report, Vol. 31, pp. 1-6, February 2009

U of Utah Legal Studies Paper No. 057-09-01

16 Pages Posted: 22 Mar 2009 Last revised: 29 Jun 2010

Amos N. Guiora

University of Utah - S.J. Quinney College of Law

David J. Luban

Georgetown University Law Center

Date Written: February 1, 2009

Abstract

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.

Keywords: Israel, self-defense, international law, Hamas, Operation Cast Lead, proportionality, counterterrorism, nation state, terrorism, suicide bombing infrastructure, non-state actor

Suggested Citation

Guiora, Amos N. and Luban, David J., Was the Gaza Campaign Legal? (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. Available at SSRN: https://ssrn.com/abstract=1364608

Amos N. Guiora (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-4295 (Phone)
801-581-6897 (Fax)

HOME PAGE: http://www.law.utah.edu/profiles/default.asp?PersonID=6581&name=Guiora,Amos..

David J. Luban

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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