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Judging International Criminal Justice in the Occupied Territories

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Analysing the philosophy of criminal justice and international criminal jurisdiction is indeed very complex. At a minimum, one has to be familiar with both common law and civil law systems. Examining the Gaza Strip situation is also simultaneously a very sophisticated task. It needs, to some extent, an understanding, not only of natural and positive law, but also of many principles and cultural heritages of, at least, two ethnic groups, the Palestinians, and the Jews. It is not certainly a question of religious theories, but the potentiality of rightful co-existence. It also requires understanding why these very two old groups have been, since the creation of Israel, constantly suffering from serious armed conflicts. The Gaza crimes are some of the most recent recognized crimes committed against the population of occupied territories. The intention of this article is to re-examine the historical creation of the State of Israel, the influence of the politicians of the United Kingdom in its creation, the murder of European Jews and the killing of physical and psychological integrity of Palestinians under the authority of Israeli governments. The article deals with some of the most significant norms of international criminal law and human rights law that ought to be respected in national or international conflicts regardless of the target of attack. It deals with the concept of criminal responsibility of individuals under the law of international criminal courts.

Affiliations: 1: Director of the Institute of International Criminal Law, Uppsala, Sweden


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