Israel’s Laws of War
The Waning of Moral Claims among Military Lawyers
Bibliographic Data
| ID | 13009121 |
|---|---|
| Authors | Maayan Geva (0000-0001-7612-9976, University of Roehampton, corresponding author) |
| Year | 2025 |
| Volume | 14 |
| Issue | 1 |
| Publication date | 2025-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | State Crime Journal (JOURNAL) |
| Journal identifiers | ISSN: 2046-6056 • E-ISSN: 2046-6064 |
| Publisher | Pluto Journals (PUBLISHER • GB) |
| DOI | 10.13169/statecrime.14.1.0002 |
| OpenAlex | W4415134063 |
| Language | EN |
| References cited | 38 |
This article examines how military legal practitioners use the language of morality and when they refrain from doing so, and it considers the correlations between these presentations of morality and state violence. The article investigates such presentations of law and morality in the context of Israel’s legal institutions, exploring the impacts on Israel’s dealings with Palestinians, as well as in the context of colonial and settler colonial projects, where law and its depiction as a reflection of morality have long provided legitimation and justification. The article identifies a waning in the depiction of military legal work as a moral endeavour in the early 2000s, when the military legal system, aided by other state legal authorities, promoted a new paradigm—“armed conflict short of war”. This paradigm facilitated increased violence and integrated legal considerations and lawyers into decision-making forums. The article suggests that the decline in moral claims is a product of the intensified integration of legal work into military decision making rather than the increase in violence in and of itself. This integration changed the nature of legal work in a manner that, for some officers, proved hard to fit with a notion of morality
Context (archaeology · Depiction · Legal pluralism · Legal profession · Legal realism · Legitimation · Morality · State (computer science · International Law and Human Rights · Torture, Ethics, and Law · War, Ethics, and Justification
Law, Politics and Violence in Israel/Palestine
The Human Right to Dominate
Killing in War
The Common Place of Law
The Jurisprudence of Emergency
Courting Conflict
Law, custom, and social order
Law and the Culture of Israel
The War Lawyers
Justice for Some
Living Emergency
The Dynamics of Exclusionary Constitutionalism
A Companion to Moral Anthropology
Law and Colonial Cultures
Palestine and Genocide
Nakba Memoricide
Rule of Experts
Human rights litigation and the transition from policing to warfare
The Force of Law and Lawyers
Managing ‘dangerous populations’
The Counterterrorism War Paradigm versus International Humanitarian Law
Military Lawyers Making Law
The Most Moral Army in the World
International Humanitarian Law and ““Wars on Terror””
P Alestine , a Partheid , and the R Ights D Iscourse
Settler Sovereignty
The question of genocide in Palestine, 1948
Human Rights as a Security Threat
Cause Lawyering in Transnational Perspective
"Landmark Cases" and the Reproduction of Legitimacy
Frames of law
Between the rule of law and the laws of the ruler
Legislative Attack
| Highly cited | No |
|---|