The Immunity of Civilians –

A Moral and Legal Study of Attacks on the Civilian Population

in Journal of International Humanitarian Legal Studies
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

The paper purports to consider the question of whether it is conceivable that a people, who have been occupied and whose rights have been severely violated for several decades, may legitimately target civilians as a last resort. Looking at terrorist attacks, inter alia suicide attacks, in the Palestinian- Israeli conflict, this paper scrutinizes philosophical and legal attempts to justify the deliberate killing of civilians in order to compel the opponent into changing his politics.

The paper draws a simplified picture of the historical developments in the region and does not provide an exhausting analysis of the situation but rather highlights single events in order to examine the legal framework against the background of the conflict. It intends to raise rather than answer questions and aims at making a contribution to this complex discussion.

Looking at several philosophical justifications of terrorism, the paper then turns to the issues of self-determination, necessity and self-defence. As expected, the discussion reinforces the prohibition to target civilians as one of the fundamental principles of humanitarian law. However, very interesting aspects come into view when investigating the limits of philosophical theories and legal standards regarding the question of last resort.

Sections

References

8

Walzer, supra note 5, at 40.

11

Walzer, supra note 5, at 54.

17

Primoratz, supra note 15, at 33.

29

GA Res. 67/158, 12 November 2012.

33

GA Res. 56/83, 28 January 2002.

40

Dugard Report, supra note 37, at 5.

42

Falk Report, supra note 39, at para. 35.

45

World Report, supra note 39, at 553.

46

Palestinian Economic Prospects, supra note 44, at 7.

55

SC Res. 478, 20 August 1980, at para. 3.

57

Falk Report, supra note 39.

58

SC Res. 478, 20 August 1980, at para. 4.

62

Advisory Opinion, The Wall, supra note 32, para. 85.

69

Pape, supra note 66, at 68.

71

Ago, supra note 35, at para. 16.

80

Ago, supra note 35, para. 88.

81

Bryde, supra note 77, at 362.

82

 See Ago, supra note 35, paras. 120–122.

84

Dugard Report II, supra note 47, at Summary.

95

Walzer, supra note 5, at 33.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 10 10 7
Full Text Views 1 1 1
PDF Downloads 2 2 2
EPUB Downloads 0 0 0