The Volokh Conspiracy - Was Israel's Gaza Campaign Proper Under the Law of Armed Conflict?

Professor David Luban of Georgetown and my colleague Amos Guiora have this interesting exchange about Israel's recent incursion into the Gaza strip.

Luban argues that the Gaza campaign violated both the jus ad bellum and jus in bello proportionality principles and that the Hamas civil administration were not lawful targets under Israel's own interpretation of the law of armed conflict. Prof. Guiora argues that terrorism changes the landscape of armed conflict and requires a reconfiguration of international law. Under this reconfiguration, an entire terrorist organization may properly be targeted.

Prof. Luban's article is entitled "Was the Gaza Campaign Legal;" Prof. Guiora's is entitled "Proportionality 'Re-Configured.'" Interesting reading.

	[Paul Cassell, March 23, 2009 at 1:51pm] Trackbacks Was Israel's Gaza Campaign Proper Under the Law of Armed Conflict? Professor David Luban of Georgetown and my colleague Amos Guiora have this interesting exchange about Israel's recent incursion into the Gaza strip. Luban argues that the Gaza campaign violated both the jus ad bellum and jus in bello proportionality principles and that the Hamas civil administration were not lawful targets under Israel's own interpretation of the law of armed conflict. Prof. Guiora argues that terrorism changes the landscape of armed conflict and requires a reconfiguration of international law. Under this reconfiguration, an entire terrorist organization may properly be targeted. Prof. Luban's article is entitled "Was the Gaza Campaign Legal;" Prof. Guiora's is entitled "Proportionality 'Re-Configured.'" Interesting reading.