Whose 'Conduct Unbecoming
The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator
Bibliographic Data
| ID | 12734404 |
|---|---|
| Authors | Orna Ben-Naftali (College of Management Academic Studies, corresponding author), Noam Zamir (0000-0001-5132-9496, College of Law and Business) |
| Year | 2009 |
| Volume | 7 |
| Issue | 1 |
| Pages | 155-175 |
| Publication date | 2009-03-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of International Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1478-1395 • E-ISSN: 1478-1387 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jicj/mqp012 |
| OpenAlex | W2164273161 |
| Language | EN |
| Citations received | 3 |
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
Charge (physics · Crimes against humanity · Humanity · International law · Jurisdiction · Officer · Political science · Sociology · War crime · Global Peace and Security Dynamics · International Law and Human Rights · Torture, Ethics, and Law · Law
| Citations per year | 0.18 |
|---|---|
| Citation span | 2009 - 2022 (14) |
| Highly cited | No |