O direito internacional em conflitos assimétricos: análise das ações iniciais da Operação Espadas de Ferro

Abstract

This dissertation investigates potential normative tensions between International Human Rights Law and International Humanitarian Law, based on the military actions carried out by the State of Israel on October 9, 2023, in response to the attack perpetrated by Hamas two days earlier. Applying the “Theory versus Reality” methodological approach, the study contrasts the legal provisions of both regimes with facts arising from an asymmetric and urban armed conflict. The analysis reveals that, although both branches share the goal of protecting human dignity, their concurrent application in hostilities can result in overlaps, gaps, and even apparent contradictions, particularly regarding the principles of proportionality, distinction, and precaution. Finally, the dissertation offers reflections aimed at enhancing the operational doctrines and rules of engagement of the Brazilian Armed Forces, contributing to a legally sound and ethically responsible conduct in conflict scenarios.