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Title: Violations by Israel of the right to life in the occupied Palestinian territories
Authors: Lila, Erez (2004)
Keywords: Human rights
Arab-Israeli conflict
Issue Date: 2004
Citation: Lila, E. (2004). Violations by Israel of the right to life in the occupied Palestinian territories (Master's dissertation).
Abstract: This dissertation deals with violations of the right to life in the Occupied Palestinian Territories (OPT) by Israeli security forces. First, we explore the right to life as it is codified in provisions of international law and international humanitarian law. Second, there follows a theoretical application of these provisions to various actions of the ID ft (Israeli Defence force) in the OPT: instances of excessive use of force, instances where collateral damage is inflicted on civilians, the practice of "human shields" and the delaying of emergency medical treatment. An examination of these actions reveals that they mainly reflect policies and modes of conducts and not single acts of individual soldiers. Third, we examine the applicability of the provisions, discussed in the first part of the dissertation, to the OPT, taking into account Israel's position, the international instruments' jurisprudence, and scholarly views. Our conclusion is that the rules do apply to the OPT, and that Israel bears full responsibility, both under humanitarian law and under human rights law, for these violations; although it employs these policies in view of self-defence during armed conflict, it fails to apply the proportionality principle. Moreover, IDF actions should undergo a more scrupulous scrutiny hy the judicial authority, which must retain its independence and uphold human rights versus "security necessities".
Description: M.A.HUMAN RIGHTS&DEM.
Appears in Collections:Dissertations - MA - FacLaw - 1994-2008

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