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
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Chinese journal of international law, Vol. 9, issue 3, 2010, p. 501-536
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.
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