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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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Hamas Battlefield Lawfare Against Israel

Hamas Battlefield Lawfare Against Israel

(p.283) Chapter 7 Hamas Battlefield Lawfare Against Israel

Orde F. Kittrie

Oxford University Press

This chapter focuses on Hamas’s use of “battlefield lawfare”—battlefield tactics designed to gain advantage from the greater leverage that the law of armed conflict (LOAC) and its processes exert over Israel than Hamas. Section I analyzes Hamas’s battlefield lawfare, including violating LOAC so as to elicit alleged Israeli violations of LOAC. Section II addresses claims that Israel itself has, usually in response to Hamas battlefield lawfare, violated LOAC. Section III describes Israeli military steps to protect itself against Hamas battlefield lawfare, including changes to Israeli battlefield tactics; enhancing Israel’s legal public diplomacy; expanding the role of military lawyers in Israel’s combat decision-making; enhancing Israel’s own investigations into alleged war crimes by its troops; and providing the press and public with data illustrating Israeli targeting decision-making. Section IV addresses broad lessons learned and the future of Hamas battlefield lawfare and Israeli responses.

Keywords:   Hamas, lawfare, battlefield, law of armed conflict, Israel, military lawyers, war crimes

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