Journal Article

Whose ‘Conduct Unbecoming’?

Orna Ben-Naftali and Noam Zamir

in Journal of International Criminal Justice

Volume 7, issue 1, pages 155-175
Published in print March 2009 | ISSN: 1478-1387
Published online March 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp012
Whose ‘Conduct Unbecoming’?

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The article focuses on the decision of the Israeli Military Advocate General (MAG) to charge an officer who ordered the shooting of a handcuffed, blindfolded Palestinian demonstrator, and the soldier who executed the order, for ‘conduct unbecoming’. It advances the following propositions: (i) from the perspective of the applicable international law, the facts of the case qualify the shooting as a war crime; (ii) said decision of the Israeli MAG is indicative of a policy of tolerance towards violence against non-violent civilian protest against the construction of the Separation Wall; (iii) the implication of such policy is twofold: first, it might transform ‘conduct unbecoming’ — which as a matter of law is a war crime — into a crime against humanity; second, it may well be construed as an invitation to the international community to intervene through the exercise of universal jurisdiction.

Journal Article.  10179 words. 

Subjects: Criminal Law ; International Law

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