반복영역 건너뛰기
지역메뉴 바로가기
주메뉴 바로가기
본문 바로가기

연구정보

[정치] Israel’s Punitive War on Palestinians in Gaza

이스라엘 국외연구자료 연구보고서 - Journal of Genocide Research 발간일 : 2024-09-26 등록일 : 2024-10-31 원문링크

In this article, I consider how Israel’s justifications for war and rationalization of its conduct align with historical justifications for punitive war and unlicenced warfare. Approaches to forcible punishment in early modern writings in the Western Just War Theory tradition (JWT) relate both to defensive and offensive war. In the early modern period, the use of force for self-defence is a type of inter-state punishment justified by the aim of deterrence and the goal of preserving the state. Offensive war, by contrast, is deemed justified to deter aggressors, pre-emptively, or violators of the natural law, even warranting a rejection of a principle of discrimination between perpetrator and innocents.Footnote1 Most of the early modern jurists insisted that a right to inflict punishment was integral to claims of just war. For Hugo Grotius (1583–1645), wars were only justified to vindicate rights, which included wars to defend the common good,Footnote2 or interventions by a third party when crimes have been committed against another state. Before him, Francisco de Vitoria (1483–1546) warned of the danger associated with resort to the principle of punishment because it allowed space for acts of revenge or vengeance masquerading under the pretext of humanitarian protection – a guise that remains a common feature of contemporary international politics.Footnote3 Since the Spanish conquest of the Americas in the sixteenth century, settlers have justified their retaliatory actions against indigenous resistance as necessary for their own “self-preservation.” Furthermore, the “doctrine of double effect” provided moral justification, allowing them to consider the killing of innocents acceptable as an effect of achieving a moral objective such as preservation by means of self-defence.Footnote4 In exceptional circumstances where the levels of depravity were deemed abhorrent, the punishment of whole communities for violating the laws of nature was justified.Footnote5

본 페이지에 등재된 자료는 운영기관(KIEP)EMERiCs의 공식적인 입장을 대변하고 있지 않습니다.

목록