What is it about?
This article addresses the legal regulation of the use of force by Israeli Defence Forces against Palestinian revolts from 2014 to 2018. It discusses the legal paradigms of the use of force: the law enforcement paradigm and the conduct of hostilities paradigm and suggests that in some cases another concept should be used for the regulation of the use of force: the concept of self defence.
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Why is it important?
The article is important because it suggests that the dichotomy of law enforcement and conduct of hostilities is not strict. The concept of self defense can bridge these opposing paradigms for the regulation of the use of force. In this way, the lethal consequences caused by the conduct of hostilities paradigm can be sometimes avoided, and on the other hand, the army will keep enough means for accomplishing its mission, through the concept of self defense. The concept of self defence secures the safeguard of humanitarian values and the goal of minimizing the damage to civilian population in situations where the use of force is required.
Perspectives
As an Israeli expert in international humanitarian law it was important for me to think about how we can legally reduce the suffering of civilian population in the complicated Israeli-Palestinian conflict without undermining the IDF's means to fulfill its missions.
Dr. Hilly Moodrick-Even Khen
Ariel University
Read the Original
This page is a summary of: From Knives to Kites: Developments and Dilemmas around the Use of Force in the Israeli–Palestinian Conflict since ‘Protective Edge’, Journal of International Humanitarian Legal Studies, November 2019, Brill,
DOI: 10.1163/18781527-01002006.
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