ARTICLE: IT'S NOT WRONG, IT'S ILLEGAL: SITUATING THE GAZA BLOCKADE BETWEEN INTERNATIONAL LAW AND THE UN RESPONSE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2011 Regents of the University of California
UCLA Journal of Islamic and Near Eastern Law

ARTICLE: IT'S NOT WRONG, IT'S ILLEGAL: SITUATING THE GAZA BLOCKADE BETWEEN INTERNATIONAL LAW AND THE UN RESPONSE

2011 / 2012

UCLA Journal of Islamic and Near Eastern Law

11 UCLA J. Islamic & Near E.L. 37

Author

Noura Erakat*

Excerpt



I. Introduction
 
Since the Second Palestinian Intifada, or uprising, Israel has advanced the notion that it is engaged in an international armed conflict both within the West Bank and in Gaza. 1 Accordingly, it argues that it can 1) invoke self-defense, pursuant to Article 51 of the United Nations Charter, and 2) use force beyond that which is permissible during law enforcement, even where an occupation exists to which the laws of occupation apply. Drawing on UN Security Council Resolutions 1368 (2001) and 1373 (2001), passed in response to the September 11th attacks on the United States, which declare that terrorist attacks amount to an armed attack thereby justifying the invocation of Article 51 self-defense, Israel argues that notwithstanding existing legal debate "there can be no doubt that the assault of terrorism against Israel fits the definition of an armed attack, effectively permitting Israel to use military force against those entities." 2 Israeli officials therefore argue that the laws of war can apply to "both occupied territory and to territory which is not occupied, as long as armed conflict is taking place on it." 3 This, however, contravenes the existing legal order on the matter.

That the two regimes are not always compatible as self-defense is a legal justification for the initiation of force (jus ad bellum), not for the regulation of the ongoing use of force, as is the case in belligerent occupation (jus in bello). Therefore, where force has already been initiated and ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities