Legal Nature of Terrorism; the Case of Gaza

Document Type : Research Paper

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Abstract

Although terroristic actions are similar to war and crime actions, however, in terms of legal nature of terrorism, adoption of each of them will lead to different implications.


If terrorism is seen through guilt actions, the terrorist and his/her behavior should be focused on, however, if it is taken as equal to war crimes, the evaluation and judgment should be based on group or network actions. Obviously, at the first level, a rule has been violated and therefore the perpetrator is punished, however, in case of the latter, like Al-Qaida, it has got cohesion and solidarity, with specific purpose and program, supported by some entities and more than that it attempts to resort to brutality on imposing a belief and finally to pretend itself beyond of a group or individual.  IN this paper, given war and crime actions, terrorism is weighed and then the findings will be applied on theGazaincident in the end of 2008.

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