I wanted to bring to your attention an exchange between Prof David Luban (Georgetown University Law Center) and myself regarding “Operation Cast Lead” – Israel’s December 2008-January 2009 campaign in the Gaza Strip.
ABSTRACT
In this exchange published in the American Bar Association’s National Security Law Report, Prof. Luban argues that the Gaza campaign violated both the jus ad bellum and jus in bello proportionality principles and that the Hamas civil administration were not lawful targets under Israel’s own interpretation of the law of armed conflict. Prof. Guiora argues that terrorism changes the landscape of armed conflict and requires a reconfiguration of international law. Under this reconfiguration, an entire terrorist organization may properly be targeted. Prof. Luban’s article is entitled “Was the Gaza Campaign Legal;” Prof. Guiora’s is entitled “Proportionality ‘Re-Configured.’”
This exchange includes essays by Guiora and Luban, followed by Guiora’s response to Luban’s essay, and Luban’s response to Guiora’s.
View the debate here.
