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All Journal Jurnal Cita Hukum
Sapre, Abhilash Arun
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Israel-Palestine War: The Right of Self-Defense in International Law Qureshi, Tahir; Shah, Shaeyuq Ahmad; George, Sunil; Sapre, Abhilash Arun
Jurnal Cita Hukum Vol 13, No 1 (2025)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44651

Abstract

This paper examines the use of force in self-defence under customary international law, focusing on the Israel-Palestine war. It analyses explicitly whether the attacks on 7 October 2023 by Harakat al-Muqawamah al-Islamiyyah (Hamas) and Palestinian Islamic Jihad (PIJ) can be construed within the parameters of Article 51 of the United Nations Charter as an "armed attack" justifying Israel’s use of military force in self-defence against non-state actors. The study employs a qualitative research method with a literature-based and legal approach, relying on analysing international treaties, customary international law principles, and relevant case law. The right to use force in self-defence in international and criminal law is discussed in the context of countering an armed attack or an imminent threat, aligning with the concept of jus ad bellum, which regulates the conditions under which states may initiate conflict. Furthermore, the paper emphasises that all forms of self-defence must comply with the Caroline principles, namely necessity and proportionality. Through a critical review of legal doctrines and international responses, this research seeks to provide a nuanced understanding of how traditional self-defence rights are applied to contemporary conflicts involving non-state actors. The findings underscore the complexities and evolving interpretations of self-defence in modern international law.
Israel-Palestine War: The Right of Self-Defense in International Law Qureshi, Tahir; Shah, Shaeyuq Ahmad; George, Sunil; Sapre, Abhilash Arun
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44651

Abstract

This paper examines the use of force in self-defence under customary international law, focusing on the Israel-Palestine war. It analyses explicitly whether the attacks on 7 October 2023 by Harakat al-Muqawamah al-Islamiyyah (Hamas) and Palestinian Islamic Jihad (PIJ) can be construed within the parameters of Article 51 of the United Nations Charter as an "armed attack" justifying Israel’s use of military force in self-defence against non-state actors. The study employs a qualitative research method with a literature-based and legal approach, relying on analysing international treaties, customary international law principles, and relevant case law. The right to use force in self-defence in international and criminal law is discussed in the context of countering an armed attack or an imminent threat, aligning with the concept of jus ad bellum, which regulates the conditions under which states may initiate conflict. Furthermore, the paper emphasises that all forms of self-defence must comply with the Caroline principles, namely necessity and proportionality. Through a critical review of legal doctrines and international responses, this research seeks to provide a nuanced understanding of how traditional self-defence rights are applied to contemporary conflicts involving non-state actors. The findings underscore the complexities and evolving interpretations of self-defence in modern international law.
Exploring the Viability and Efficacy of Fresh Slate Approach in India's Evolving Insolvency Framework Singh, Vidhi; Sapre, Abhilash Arun; Shalini, Shalini; Shah, Shayeuq Ahmad
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.32332

Abstract

A nation's economy remains healthy and progressive because of the proper functioning of commercial and other business arrangements, transactions, and settlements. However, suppose such agreements are not concluded in the desired manner and result in failure. In that case, efforts are required to keep the corporation going with novel arrangements of liability and employment and re-negotiation between financiers. Nevertheless, the drowning company can resort to liquidation if survival becomes unworkable. The legislature and the judiciary have endeavoured to comply with and meet the objectives of the IBC. Adopting the new slate doctrine in the legal framework is one such step towards reaching the goal of the code. The code has facilitated the applicant's resolution by various means and balanced the corporate debtor's concern. The researcher has analytically analyzed this principle owing to its significance. In the initial phase, the research shed light on the doctrine of a fresh slate while referring to relevant legislative provisions and other jurisdictions. After that, the researcher explores the judicial wing's recognition and development of the doctrine. Principally, the researcher examines the status and management of disputed claims. In the latter segment, the researcher indicates the limitations and practical issues attached to the doctrine. Lastly, the researcher would make some suggestions that can be adopted and may aid in strengthening the Indian insolvency regime.
Co-Authors George, Sunil Qureshi, Tahir Shah, Shaeyuq Ahmad Shah, Shayeuq Ahmad Shalini, Shalini Singh, Vidhi