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

@article{Milanovi2007LessonsFH,
  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},
  year={2007},
  volume={89},
  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
Terrorism and Armed Conflict: Insights from a Law & Literature Perspective
  • A. Bianchi
  • Sociology, Political Science
  • Leiden Journal of International Law
  • 2011
Abstract This article examines some selected issues relating to terrorism and international humanitarian law (IHL): the characterization of the nature of armed conflicts in which armed groups,Expand
A Paradigm of Prevention: Humpty Dumpty, the War on Terror, and the Power of Preventive Detention in the United States, Israel, and Europe
A decade into the proclaimed “global war on terror,” states are still struggling with the phenomenon’s locus and definition under the effective laws. Remarkably, preventive detention of suspectedExpand
Where Precision Is the Aim: Locating the Targeted Killing Policies of the United States and Israel within International Humanitarian Law
  • Michael Elliot
  • Political Science
  • Canadian Yearbook of international Law/Annuaire canadien de droit international
  • 2010
Summary If state practice is any indication, targeted killing is increasingly becoming regarded as a viable and effective response to the threat posed by terrorist organizations. Its growing role inExpand
The Targeted Killing Judgment of the Israeli Supreme Court and the Critique of Legal Violence
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neitherExpand
Killing by Drone: Towards Uneasy Reconciliation with the Values of a Liberal State
The occurrence of a terrorist act frequently prompts governments to enact a wide array of preventive measures, some of which grate against human rights norms. Among the most problematic is targetedExpand
International Human Rights Law and the Law of Armed Conflict in the Context of Counterinsurgency with a Particular Focus on Targeting and Operational Detention
In the past decade, few topics have attracted more attention among international lawyers than the interplay between international human rights law (IHRL) and the law of armed conflict (LOAC). At theExpand
Lawful Murder: Unnecessary Killing in the Law of War
  • S. G. Walker
  • Political Science
  • Canadian Journal of Law & Jurisprudence
  • 2012
The international law of war limits the use of violence, largely through protections afforded to civilians. However, the law provides no principled limit on the taking of combatant life — soldiersExpand
Boundaries of the Battlefield: A Critical Look at the Legal Paradigms and Rules in Countering Terrorism
On 10 and 11 January 2013, the T.M.C. Asser Institute and the International Centre for Counter-Terrorism—The Hague (ICCT), in cooperation with the International Humanitarian and Criminal LawExpand
The Mavi Marmara Incident and the Application of International Humanitarian Law by Quasi-Judicial Bodies
Whether Israel’s enforcement of its naval blockade against the Mavi Marmara on 31 May 2010 was in conformity with international humanitarian law has been recently considered by four quasi-judicialExpand
Principles Matter: Humanitarian Assistance to Civilians under IHL
The provision of relief to civilians in armed conflict is a sensitive activity, subject to specific regulation in IHL treaties. Challenges emerged on the ground have questioned the comprehensiveExpand
...
1
2
3
4
...

References

SHOWING 1-10 OF 11 REFERENCES
Extra-State Armed Conflicts: Is there a Need for a New Legal Regime?
Recent decades have presented us with a significant increase in cases of ongoing hostilities between a non-state actor and a state that are not limited to the territory of the state involvedExpand
35, 42; Fausto Pocar, ''Protocol I Additional to the 1949 Geneva Conventions and customary international law
  • Israel Year Book on Human Rights
  • 2001
McCann v. United Kingdom, 21 EHRR 97 (1995) and McKerr v
  • 2001
Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon
  • American University Law Review
  • 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
    ...
    1
    2
    ...