Muoia il diritto con tutti i Filistei? Il diritto internazionale «guerra di Gaza»

• Autores: Marco Pertile
• Localización: Quaderni di diritto e política ecclesiastica, ISSN 1122-0392, Vol. 32, Nº 2, 2024, págs. 431-458
• Idioma: italiano
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• Resumen

  • The article examines the use of international law in the Gaza crisis, highlighting the paradox of a legal system that, despite being seriously violated, continues to be invoked by the main actors in the conflict and by third states. Despite impunity for violations of international humanitarian law, such as the prohibition of direct attacks on civilians, proportionality and the prohibition of hostage-taking, international law remains a central instrument in the search for a negotiated solution and in the decisions of international institutions. The author stresses that a genuine solution to the conflict, based on respect for human rights and self-determination, requires the establishment of forms of dialogue and mutual respect between Israelis and Palestinians, since the two communities are destined to share the same territory. Even if the two-state solution could be achieved, these two states should in reality be integrated and able to cooperate in the management of the territory and natural resources