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Analysis of precautionary measures deployed by Israel defense forces during operation protective edge in 2014 in the light of international humanitarian law
(İstanbul Bilgi Üniversitesi, 2021) Matusiak, Marek Pawel; Gül, İdil Işıl
ABSTRACT: The thesis analyzes the conduct of the Israel Defense Forces (IDF) during the 2014 operation in Gaza in the context of International Humanitarian Law (IHL). The author specifically focuses on the principle of precautions in attack which obliges the fighting sides to apply all feasible precautions to avoid or, in any case, minimize incidental loss of civilian life. The first chapter examines the legal definition of “Precautionary measures”, its sources in the conventions and in the jurisprudence of international criminal courts and its links with other categories of IHL. It also examines Israel’s international legal obligations at the time when the conflict in Gaza took place. The second chapter uses diverse sources of information to reconstruct IDF’s factual conduct of the 2014 operation and identifies patterns in its approach towards applying precautionary measures. The third chapter is an attempt of a legal assessment of the IDF’s conduct of hostilities in the light of its obligations to apply precautions in attack. In the conclusion the author offers his own perspective on the problem.