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

摘要

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.