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Title: | The Great Oxymoron: Jus in Bello Violations as Legitimate Non-Forcible Measures of Self-Defense: The Post-Disengagement Israeli Measures Towards Gaza as a Case Study |
Authors: | Solomon, S |
Issue Date: | 30-Jul-2010 |
Publisher: | Oxford University Press |
Citation: | Solomon, S. (2010) 'The Great Oxymoron: Jus in Bello Violations as Legitimate Non-Forcible Measures of Self-Defense: The Post-Disengagement Israeli Measures Towards Gaza as a Case Study', Chinese Journal of International Law, 9 (3), pp. 501 - 536. doi: 10.1093/chinesejil/jmq020. |
Abstract: | Modern warfare and the war on terror against mainly non-State actors have obliged States to resort to innovative measures which blur the limits between jus in bello and jus ad bellum and create a legal oxymoron where the same measures constitute international law violations should they be perceived under jus in bello and legitimate means of self-defense should they be seen under the lens of self-defense and jus ad bellum. In order to demonstrate the particular axiom the note will use the Israeli–Palestinian conflict as a factual and normative framework and will put under its kaleidoscope the post-disengagement Israeli measures towards Gaza. |
URI: | https://bura.brunel.ac.uk/handle/2438/30764 |
DOI: | https://doi.org/10.1093/chinesejil/jmq020 |
ISSN: | 1540-1650 |
Other Identifiers: | ORCiD: Solon Solomon https://orcid.org/0000-0002-8664-7459 |
Appears in Collections: | Brunel Law School Research Papers |
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FullText.pdf | Copyright © The Author 2010. Published by Oxford University Press. All rights reserved. This is a pre-copy-editing, author-produced version of an article accepted for publication in Chinese Journal of International Law, following peer review. The definitive publisher-authenticated version Solomon, S. (2010) 'The Great Oxymoron: Jus in Bello Violations as Legitimate Non-Forcible Measures of Self-Defense: The Post-Disengagement Israeli Measures Towards Gaza as a Case Study', Chinese Journal of International Law, 9 (3), pp. 501 - 536, is available online at: https://doi.org/10.1093/chinesejil/jmq020 (see: https://global.oup.com/academic/rights/permissions/autperm/?cc=gb&lang=en&). | 264.16 kB | Adobe PDF | View/Open |
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