L’operazione militare di Israele contro Gaza e il diritto internazionale umanitario

The Israeli Military Action in Gaza and International Humanitarian Law - The Israeli armed action in the Gaza Strip between December 27, 2008 and January 18, 2009 has prompted vehement protests of the public, especially in the Arab Countries and in Europe. The reaction of international institutions has varied. While the UN Human Rights Council strongly censured Israel, placing light blame on the rocket attacks made from Gaza against Israeli towns, the UN Security Council was much more measured in itsresponde. Generally speaking, ius in bello (or International Humanitarian Law, IHL) was not extensively addressed by the international institutions, which instead focused their debates on the legitimacy of the use of force. For different reasons, neither Israel nor Hamas is bound by the most relevant IHL Conventions on the conduct of hostilities during armed conflict. The broad rules of customary international law prove barely adequate to restrain the use of means and methods of combat in asymmetrical conflicts. Although the victims may have recourse to domestic (Israeli) jurisdiction to redress their losses, the military action in Gaza will have long lasting negative consequences in the troubled area of Palestine.;

Gabriella Venturini, L’operazione militare di Israele contro Gaza e il diritto internazionale umanitario in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2009, pp 309-318, DOI: 10.3280/DUDI2009-002004