Whose 'conduct unbecoming'?
Research output: Journal Publications and Reviews (RGC: 21, 22, 62) › 21_Publication in refereed journal
|Journal / Publication||Journal of International Criminal Justice|
|Publication status||Published - 2009|
|Link to Scopus||https://www.scopus.com/record/display.uri?eid=2-s2.0-65149091533&origin=recordpage|
The article focuses on the decision of the Israeli Military Advocate General (MAG) to charge an officer who ordered the shooting of a handcuffed, blindfolded Palestinian demonstrator, and the soldier who executed the order, for 'conduct unbecoming'. It advances the following propositions: (i) from the perspective of the applicable international law, the facts of the case qualify the shooting as a war crime; (ii) said decision of the Israeli MAG is indicative of a policy of tolerance towards violence against non-violent civilian protest against the construction of the Separation Wall; (iii) the implication of such policy is twofold: First, it might transform 'conduct unbecoming' - which as a matter of law is a war crime - into a crime against humanity; second, it may well be construed as an invitation to the international community to intervene through the exercise of universal jurisdiction. © Oxford University Press, 2009, All rights reserved.