About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

3 Int'l Comp., Policy & Ethics L. Rev. 857 (2019-2020)
Israeli Perfidy in the Disputed Occupied Palestinian Territories (OPT)

handle is hein.journals/icpelr3 and id is 881 raw text is: 







ISRAELI PERFIDY IN THE DISPUTED OCCUPIED PALESTINIAN
                      TERRITORIES (OPT)

                  Daniel Benolielf and Yohai Ederytt

                              ABSTRACT

     This article considers Israel's controversial capture of wanted
Palestinians in the disputed Occupied Palestinian Territories
(OPT') by resort to perfidy while feigning civilian status. That is
given that Israel's call of choice for perfidy revolves almost entirely
around capture as opposed to injuring or killing which Israel justly
rejects as unlawful. While the prohibition of perfidy is accepted as
customary international law, its practical definition and application
in the OPT remain unsettled
     The article first considers the differences between the conduct of
hostilities and law enforcement paradigms governing the disputed
OPT. In certain situations that arise in armed conflicts, it may not be
entirely clear whether international humanitarian law (IHL') rules
on whether the conduct of hostilities, or on the use of force in law
enforcement, should govern. This uncertainty, albeit inclined toward
the conduct of hostilities, generally applies given the particularities of
perfidious activity during belligerent occupation whereby local civil-
ians and insurgents are often blended
     The article then cautiously considers a plausible constructed
claim for persistent Israeli objection to otherwise unlawful perfidy. In
such disrupted causation, it then follows by a detailed consideration
of the theoretical andpractical application ofthe principles ofmilitary
necessity, distinction, proportionality, and unnecessary suffering in
the disputed OPT.
     The article ultimately suggests that Israel's military perfidious
policy (as opposed to police perfidy) for capturing is debatable at best,
and its appearances should be watchfully reevaluated in view of inter-
national humanitarian law henceforth.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most