Terrorisme et justice dans les territoires occupés:réflexions préliminaires pour mieux comprendre la situation actuelle

Terrosim and Justice in the Occupied Territories: A Case Studies Research

This paper gives a general overview of the legal and political situation of the Occupied Territories vis a vis the terrorism. The first question to solve in this context refers to the content of right to self-determination belonging to the Palestinian people and the limits that the international law imposes to its exercise. Difficulties encountered for adopting a universally accepted definition of terrorism, do not prevent from identifying which acts can be qualified as terrorism. Distinguishing between different types of terrorism (terrorism of state, private terrorism, national or international terrorism) may be also useful to better understand the implications of this phenomenon in the Israel-Palestine conflict. In second place, it is important to determine the legal framework that is applicable to the parties confronted in such a complex conflict. Particularly relevant is to determine to what extent international human rights law and international humanitarian law do apply. In taking into account the national and international case- law, the paper concludes with a critical view of the international communityʹs lack of ideas for facilitating a fare and durable peace process in Middle East. Nevertheless, the author proposes some interesting instruments which could help to favour the process towards the transitional justice, especially after the recent escalation of the crisis.