Lessons for human rights and humanitarian law in the war on terror: comparing Hamdan and the Israeli Targeted Killings case

  title={Lessons for human rights and humanitarian law in the war on terror: comparing Hamdan and the Israeli Targeted Killings case},
  author={Marko Milanovi{\'c}},
  journal={International Review of the Red Cross},
  pages={373 - 393}
  • M. Milanović
  • Published 2007
  • Political Science
  • International Review of the Red Cross
Abstract The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with the concept of unlawful combatancy and… Expand
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35, 42; Fausto Pocar, ''Protocol I Additional to the 1949 Geneva Conventions and customary international law
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McCann v. United Kingdom, 21 EHRR 97 (1995) and McKerr v
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Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon
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  • 1983
14 and 15 and the Concluding Observations of the Human Rights Committee: United States of America
  • See the Conclusions and Recommendations of the Committee against Torture
Targeted Killings, above note 6, paras
    United States is ''looking at'' the place of fundamental guarantees in the war on terror
    • Crimes of War Project