The 2014 Gaza War: Reflections on Jus Ad Bellum, Jus in Bello, and Accountability

תקציר

This paper assesses key issues related to jus ad bellum, jus in bello, and accountability that are raised by the hostilities in Gaza in summer 2014. It examines the possibility of invoking the right to self-defence, as the legal justification for the use of force in Gaza (A). It then surveys specific IHL violations committed during the 2014 hostilities (B). The final part discusses the effects of recent developments related to individual accountability for IHL violations in the Israel-Palestine setting with particular attention to the prospects of Palestine’s accession to the International Criminal Court (ICC) (C).