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Gaza Crisis: The Legal Position of Israel and Hamas

(BBC News) Guglielmo Verdirame - Israel argues that its Gaza operation is justified under the right of self-defense. This position has in principle been supported by various countries, including the U.S. and EU member states. Enshrined in Article 51 of the UN Charter, the right of self-defense is accepted as a fundamental principle of international law. It is universally agreed that a state can defend itself against an armed attack. Most international lawyers would agree that rockets launched against civilians that disrupt the social life of part of a country constitute an armed attack for the purposes of Article 51. Critics of the Israeli position argue that the right of self-defense should be invoked only against another state, but not against a non-state entity like Gaza. State practice, especially since the attacks of 11 September 2001, militates against this interpretation of self-defense. The writer is professor of International Law at King's College London.
2012-11-23 00:00:00
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