Whose 'Conduct Unbecoming'?
21 Pages Posted: 24 Mar 2009
Date Written: March 22, 2009
The article focuses on the decision of the Israeli Military Advocate General (MAG) to charge an officer who ordered the shooting of a handcuffed, blind-folded 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.
Keywords: International Law, Construction of the Separation Wall, War crime, Conduct unbecoming, Crime against humanity, Occupation; Occupied Palestinian Territory; Responsibility of Legal Advisors
JEL Classification: K33
Suggested Citation: Suggested Citation