About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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 thousands of 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.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most