Thielbörger comments on Israel–Hamas conflict
"Some aspects are often underexposed or misrepresented in the public debate" – Pierre Thielbörger provides insights into the law governing the conflict between Israel and Hamas
Professor Pierre Thielbörger, Executive Director of the Institute for International Law of Peace and Armed Conflict (IFHV), comments on the Israel–Hamas conflict in a piece (in german) in the Neue Juristische Wochenschrift (NJW). Ruhr University Bochum reports on this (in german).
"Humanity is what counts"
In his article for the NJW of October 26, 2023, explains whether and under which regime Israel can have a right to self-defense (ius ad bellum). He explains that uncertainties about the status of Palestine influence the choice of legal basis.
"What is often intuitively assumed therefore proves to be correct, but the derivation is much more complex than is frequently reported: Israel has the right to defend itself against Hamas attacks. This right must, of course, be exercised in a necessary and proportionate manner."
Thielbörger also provides an insight into the rules of international humanitarian law (ius in bello) and their significance for practical conduct.
"The obligation to comply with international humanitarian law applies [...] irrespective of the question of whether the other side has complied with the prohibition of the use of force or the rules of international humanitarian law. It is not reciprocity that gives international humanitarian law its normative force, but the principle of humanity, which makes the rules imperative for all parties to the conflict."
NJW is the highest-circulation journal for legal theory and practice in Germany. You can read the full article here (open access). The Ruhr University Bochum reported on this on 3 November 2023 and summarized Thielbörger's findings in its own news item.