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35 Rutgers L. Rec. 11 (2009)
The Right to Food in Gaza: Israel's Obligations under International Law

handle is hein.journals/rutglr35 and id is 11 raw text is: 

The Internet Journal of Rutgers School ofLaw Newark

     Volume 35              Legal Implications of Operation Cast  Lead            Spring   2009

           The  Right  to Food  in Gaza: Israel's Obligations  Under   International  Law

                                       By Randle  C. DeFalco*

I. Introduction

        On  December   27, 2008 Israel launched a series of airstrikes against targets in the Gaza strip,'
marking  the beginning  of Operation  Cast Lead  (OCL),2 a 22-day  military campaign against Hamas.'
Israel officially launched OCL   in defense  of  its citizens, who have  been  and  continue  to  be
deliberately attacked by the Hamas  terrorist organization.4 Although Israel pledged' to abide by the
International Humanitarian  Law   (IHL) requirements  of  distinction' and proportionality,7 OCL

* B.A., New Jersey Institute of Technology; J.D., Rutgers School of Law - Newark (expected 2009). The author
wishes to extend a special thanks to Professor Adil Haque for supervising the independent research that led to this
paper and Professor Emeritus Saul Mendlovitz for his ongoing support. Additionally the author would like to thank
the Rutgers Law Record staff for their support and editing prowess. Any errors or omissions are the author's alone.
Lastly, the author is immensely grateful to his family for their love, inspiration, and support.
1   See   Paddy   Allen,   The   Israeli Attacks   on   Gaza,   THE    GUARDIAN,    Jan.   19,  2009,
2 Operation Cast Lead is the name adopted for the offensive by the Israeli Government. See Israeli Defense Forces,
Senior  Military Officials Brief the International Press  on  Operation  Cast  Lead,  Jan.  19, 2009,
3 For the purposes of this paper, Hamas is meant to encompass both the official organization and other anti-Israeli
militant groups operating in the Gaza strip.
PROPORTIONALITY, Background Paper 1 (Dec. 2008), http://www.mfa.gov.il/NR/rdonlyres/A1D75D9F-ED9E-4203-
A024-AF8398997029/0/Respondingto   HamasAttacksfromGaza december 2008.pdf         [hereinafter  IMFA
Background Paper].
5 See id.
6 Distinction requires that parties to a conflict take steps to distinguish between military and civilian targets and
forbids targeting of the latter. See Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating
to the Protection of Victims of International Armed Conflicts (Protocol I) art. 13(2), June 8, 1977, 1125 U.N.T.S. 3,
16 I.L.M. 1391 [hereinafter Protocol I] (The civilian population as such, as well as individual civilians, shall not be

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