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The jus ad bellum and jus ad bello predicament in the context of Israel – Hamas conflict

Ahmad, N ; Sharif University of Technology | 2024

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  1. Type of Document: Article
  2. Publisher: ResearchGate , 2024
  3. Abstract:
  4. A conflict acquires legal justification under international law if it adheres to the fundamentals of both Jus ad Bellum (conditions under which States may resort to war) and Jus in Bello (the law that governs how warfare is conducted). Jus ad Bellum is delineated by the United Nations Charter of 1945 and establishes a fundamental prohibition against using force between sovereign states. It incorporates exceptions for self-defence situations and actions authorised by the United Nations. Jus in Bello refers to the legal principles that regulate the conduct of parties engaged in armed conflicts. It aims to reduce human suffering by protecting and assisting all individuals impacted by these violent conflicts. Sparked by an abrupt assault carried out by Hamas on October 7, 2023, Israel officially declared the commencement of war on the following day. This article presents an extensive analysis of the historical evolution of the conflict between Hamas - a non-state Palestinian armed entity - and Israel, evaluating the conflict’s alignment with the principles of Jus ad Bellum and Jus in Bello. It probes the intricate legal questions under the purview of Jus in Bello assessing whether the responses of both parties during the conflict contradict the doctrine of proportionality and the norms governing armed conflicts. It will briefly examine documents such as the UN Charter, Security Council resolutions, and international law expert opinions. These discussions engage with a broader discourse concerning the functions and efficiency of the United Nations Security Council in dealing with global conflicts. It reaches a conclusion that international organizations and the UN have once again failed to meet their obligations in addressing the critical imperatives of preventing large-scale atrocities, safeguarding vulnerable populations, and ensuring accountability for wrongdoers and the complicit. © 2023 Revival Press Limited. All rights reserved
  5. Keywords:
  6. Hamas-Israel Conflict ; Jus ad Bellum ; Jus in Bello ; Just War Theory
  7. Source: Legal Transformation in Muslim Societies ; Volume 1, Issue 1 , 2024 , Pages 130-158 ; 30290961 (ISSN)
  8. URL: https://www.researchgate.net/publication/389313234_THE_JUS_AD_BELLUM_AND_JUS_AD_BELLO_PREDICAMENT_IN_THE_CONTEXT_OF_ISRAEL-HAMAS_CONFLICT