Denying the cornerstone of lus in bello in Palestine: Bedouin communities and the war crimes of extensive destruction and appropriation of property not justified by military necessity

Daniele, L ORCID: https://orcid.org/0000-0002-2451-2380, 2023. Denying the cornerstone of lus in bello in Palestine: Bedouin communities and the war crimes of extensive destruction and appropriation of property not justified by military necessity. In: Panepinto, A and Mariniello, T, eds., Ending impunity for international law violations: Palestinian Bedouins and the risk of forced displacement. Hart Publishing. (Forthcoming)

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Abstract

This chapter begins with an overview of the origins, development, and consolidation of the prohibition of extensive destruction and appropriation of propriety not justified by military necessity in IHL. This prohibition epitomises a fundamental, overarching rationality of contemporary Ius in bello, that is the aspiration to strike a balance between imperatives of humanity and civilian protection, on the one hand, and considerations of military necessity, on the other, representing opposing polarities (and competing paradigms) of the law of armed conflicts. At the same time, the discussion traces the evolution of the prohibition as mirroring the crucial historical and normative shift of the law of occupation from intermediate regime preceding territorial conquest, to temporary, exceptional regime of authority without sovereignty, reflecting the prohibition of acquisition of territory by force in modern international law established in Article 2(4) of the UN Charter. The new regime no longer bestows on occupying powers any of the prerogatives of domestic governments over the economies, demographics, and legislative frameworks of occupied territories. This shift, in fact, emerges in parallel to the prohibition against the use of force and the affirmation of the principle of self-determination as peremptory norms of international law

Item Type:	Chapter in book
Creators:	Daniele, L.
Publisher:	Hart Publishing
Date:	20 December 2023
Identifiers:	Number Type 1870178 Other
Divisions:	Schools > Nottingham Law School
Record created by:	Laura Ward
Date Added:	14 Mar 2024 09:21
Last Modified:	14 Mar 2024 09:21
URI:	https://irep.ntu.ac.uk/id/eprint/51072

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