Mariani, Beatrice (A.A. 2024/2025) International law, the use of force and the Israeli-Palestinian conflict. Tesi di Laurea in Diritto internazionale, Luiss Guido Carli, relatore Christopher Michaelsen, pp. 186. [Single Cycle Master's Degree Thesis]

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Abstract/Index

Historical and legal context of the conflict. Origins of the conflict (late 19th century-1947). Division of Palestine and creation of Israel (1947-1949). Wars and occupation (1956-1973). Peace process and intifadas (1978-2000). Second intifada and conflicts (2000-2005). Recent conflicts and crises (2006-present). The international legal framework. The United Nations Charter. Article 2(4) of the UN charter: prohibition of the use of force. Article 51: right of self-defence. International humanitarian law (IHL). International human rights law. International refugee law. International criminal law. The genocide convention and its application. The principle of self-determination. Does the jus ad bellum framework apply to Israel / Palestine? Does Israel have the right to defend itself? About the article 2(4) of the UN charter. The UN charter: article 2, paragraph 4. The meaning of the term “force”. Application in the conflict Palestine-Israel. The right of self-defence in the Israeli-Palestinian conflict. Definition and principles of self-defence. Application of article 51 in the conflict. Cases of self-defence against state attacks and non-state attacks (e.g., Hamas). Proportionality in the law of use of force. Proportionality in international humanitarian law. Necessity in international law. Case law and interpretations. The armed conflict in Gaza and its complexity under international law. Changing norms governing the use of force by states. What does the application of the jus ad bellum to Israel/Palestine tell us about the current role of international law on the use of force and its continued relevance?

References

Bibliografia: pp. 177-185.

Thesis Type:	Single Cycle Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair:	Diritto internazionale
Thesis Supervisor:	Michaelsen, Christopher
Thesis Co-Supervisor:	Pustorino, Pietro
Academic Year:	2024/2025
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	16 Dec 2025 15:36
Last Modified:	16 Dec 2025 15:36
URI:	https://tesi.luiss.it/id/eprint/44436

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