These are days of a high intensity armed conflict between Israel and Hamas. The heart of the conflict takes place in the Gaza Strip where over 1,000 persons are estimated to have died and many more have been injured. On the Israeli side milions of Israelis are forced to find shelters as more than half of the State is under constant indiscriminate rocket attacks.
The current conflict, titled operation "Protective Edge", raises many legal questions in the field of international humanitarian law - questions about collateral damage and proportionality, legitimate targets (including residential buildings and hospitals), issues of perfidy as well as questions regarding Israel's obligations to supply water and electricity to the Gaza Strip. This issue of the ALMA newsletter is focused on operation "Protective Edge" and IHL.
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(1) Q: Are human shields considered as taking direct part in the hostilities? Are they not aiding the military efforts by protecting legitimate targets?
(2) Q: Whom will make the determination that the attack has been proportional or not?
(3) Q: Did Israel violate international law by placing a blockade/siege on the Gaza Strip?
(4) Q: Are Hamas fighters entitled to POW status?
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(1) Protective Edge Opration and IHL: Ido Rosenzweig, Radio All for Peace (Hebrew)
(2) Questions of legal warfare: Ido Rosenzweig on Times of Israel
(1) An op-ed about Ron Dremer, Israel's ambassador to the United States and IHL proportionality: Zeke J. Miller on Times of Israel.
(2) Israel Says That Hamas Uses Civilian Shields, Reviving Debate: Anne Barnard and Jodi Rudoren on The New York Times.
(3) The Importance of Legal Advice while Fighting Terrorism: Eli Behar (The Israel Democracy Institute) (Hebrew).
(4) Asymmetries and Proportionalities: Laurie R. Blank (Emory School of Law) on The Hill
(5) Operation Protective Edge: Legality and Legitimacy: Pnina Sharvit-Baruch (INSS)
(1) "Israel May Stop Supplying Water and Electricity to Gaza": A Legal Opinion by Kohelet Forum's Prof. Avi Bell. The legal opinion that was submitted to the Knesset Foreign Affairs and Defense Committee.
(2) "Israel is not allowed to cut the supply of electricity and water to the Gaza Strip": A contrary Legal Opinion submitted by 12 international law academic experts to the Knesset Foreign Affairs and Defense Committee.
(3) Comments regarding the supply of electricity and water to Gaza. The opinion of Prof. Daniel Friedmann, former Minister of Justice. (Hebrew)
(4) "Can Israel Cut Off Water and Power to Gaza?" Kevin Jon Heller (published on Opinio Juris)
(5) "Would It be Lawful for Israel to Shut off Electricity to Gaza?" Prof. Eric Posner
(6) Cutting off Electricity and Water for the Gaza Strip- Limits under international law Prof. Michael Bothe
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