Whose 'conduct unbecoming'?

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journal

5 Scopus Citations
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Author(s)

Detail(s)

Original languageEnglish
Pages (from-to)155-175
Journal / PublicationJournal of International Criminal Justice
Volume7
Issue number1
Publication statusPublished - 2009
Externally publishedYes

Abstract

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.

Citation Format(s)

Whose 'conduct unbecoming'? / Ben-Naftali, Orna; Zamir, Noam.

In: Journal of International Criminal Justice, Vol. 7, No. 1, 2009, p. 155-175.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journal