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Whose 'Conduct Unbecoming'?

Authors :
Ben-Naftali, Orna
Zamir, Noam
Source :
Journal of International Criminal Justice. Mar2009, Vol. 7 Issue 1, p155-175. 21p.
Publication Year :
2009

Abstract

The article focuses on the decision of the Israeli MilitaryAdvocaté General (MAG) to charge an officer who ordered the shooting of a handcuffed, blindfolded Palestinian demonstrator, and the soldier who executed the order, for 'conduct unbecoming' It advances the following propositions: (i) from the perspective of the applicable international law, the facts of the case qualify the shooting as a war crime; (ii) said decision of the Israeli MAG is indicative of a policy of tolerance towards violence against non-violent civilian protest against the construction of the Separation Wall; (iii) the implication of such policy is twofold: first, it might transform 'conduct unbecoming' - which as a matter of law is a war crime - into a crime against humanity; second, it may well be construed as an invitation to the international community to intervene through the exercise of universal jurisdiction. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
14781387
Volume :
7
Issue :
1
Database :
Academic Search Index
Journal :
Journal of International Criminal Justice
Publication Type :
Academic Journal
Accession number :
42876016
Full Text :
https://doi.org/10.1093/jicj/mqp012