Sul principio di proporzionalità a Gaza, ovvero quando il fine non giustifica i mezzi
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Luisa Vierucci
Publishing Year 2009 Issue 2009/2 Language Italian
Pages 14 P. 319-332 File size 121 KB
DOI 10.3280/DUDI2009-002005
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On the Principle of Proportionality in Gaza, or When the End Justifies the Means - The Operation Cast Lead launched by Israel in the Gaza Strip on December 27, 2008 has attracted strong condemnation by the international community for its disproportionate character. While there is no doubt that the conduct of the conflict by Hamas was in breach of the principle of proportionality, the evaluation of the military operations carried out by Israel in light of that principle is more complex. As we have attempted to show, the assessment of proportionality in contexts similar to those of the Gaza Strip has to be conducted both in a ius ad bellum and ius in bello perspective, the two approaches being so interconnected as to make the violation of the in bello proportionality foreseeable. However, this prima facie finding has to be tested against the assessment of proportionality conducted for each relevant incident - an exercise that can be made only when all relevant information is available.
Luisa Vierucci, Sul principio di proporzionalità a Gaza, ovvero quando il fine non giustifica i mezzi in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2009, pp 319-332, DOI: 10.3280/DUDI2009-002005