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 1 June 2007
  • Law
  • 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… 

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References

SHOWING 1-10 OF 12 REFERENCES

Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America)

  • Monroe Leigh
  • Law, Political Science
    American Journal of International Law
  • 1987
On June 27, 1986, the International Court of Justice rendered its third opinion in Nicaragua v. United States of America. The Court's first Order, dated May 10, 1984, rejected the request of the

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 involved

McCann v. United Kingdom, 21 EHRR 97 (1995) and McKerr v

  • 2001

and the Opening Statement of Mathew Waxman, Head of US Delegation before the UN Human Rights Committee

  • the Opening Remarks by John Bellinger, Legal Adviser

35, 42; Fausto Pocar, ''Protocol I Additional to the 1949 Geneva Conventions and customary international law

  • Israel Year Book on Human Rights
  • 2001

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