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College of Management Academic Studies – Orna Ben-Naftali
(Dept. of Law) gives legitimacy to the International Community to
interfere in internal Israeli judicial affairs
Whose ‘Conduct Unbecoming’?
The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator
Orna Ben-Naftali*
and Noam Zamir**
Journal of
International Criminal Justice 2009 7(1):155-175
March 3, 2009
Abstract
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.
*Professor Orna Ben-Naftali is the Dean of the Law School, The
College of Management Academic Studies, Israel. She is also a member
of the executive board of B’tselem, the Israeli Information Center
for Human Rights in the Occupied Territories. [obennaft@colman.ac.il]
**Noam Zamir is a research fellow at the Concord Center for the
Integration of International Law into Israeli Law, the Law School,
The College of Management Academic Studies, Israel. [sonicnoam@gmail.com]
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