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The legality of recourse to defensive force in Islamic and international law: (with reference to the case in Palestine)

Amireh, Makram (2012)
Ph.D. thesis, University of Birmingham.

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Abstract

This thesis is a study of the legality of using force in a defensive way from the perspective of Islamic and International law regarding the Palestinian use of force in the Palestinian–Israeli conflict. This thesis is a doctrinal and applicable study of the jus ad bellum principle of the defensive use of force in Islamic and international law, applying it to the case of Palestine. That is to say, the first part of the thesis is an analysis of the defensive use of force in Islamic and international law from a doctrinal perspective; the second part is a discussion of how to apply these norms to the case of the Palestinian use of force. The objective of the research is to understand the doctrinal concept of the principle of the defensive use of force and the legal stance of the Palestinian defensive use of force in Islamic and international law. The study of both angles of law is significant because they both function together and are relied on at the present time by Palestinian fighters who are concerned with the legality of their resistance. The study concludes that the legal concept of the defensive use of force from the perspective of Islamic and international law is applied to Palestinians living inside Palestine today.

Type of Work:Ph.D. thesis.
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:School of Law
Subjects:K Law (General)
KZ Law of Nations
Institution:University of Birmingham
ID Code:3354
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
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