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To Blockade or Not To Blockade? The Legal Status of Russia's Suspension of Shipping in the Sea of Azov Israel Law Review Pub Date : 2024-02-22 Shani Friedman
This article explores the legal situation relating to the Sea of Azov in the light of the Russian suspension of shipping on 24 February 2022. While this act received little scholarly or political attention, there is a debate concerning the legality of the suspension of shipping, mainly whether it is governed by the law of naval blockade under the laws of naval warfare. The article analyses the situation
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Access to Abortion for Rape Victims in Armed Conflicts: A Feminist Perspective Israel Law Review Pub Date : 2024-02-14 Francesca Cerulli
Adopting a feminist perspective, this article focuses on the protection of women's right to reproductive health during armed conflicts and, in particular, on access to safe abortion services for rape victims. Indeed, although women are disproportionately affected by conflicts, and their sexual and reproductive needs are exacerbated by the spread of sexual and gender-based violence, there is a lack
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An Overview of Israel's ‘Judicial Overhaul’: Small Parts of a Big Populist Picture Israel Law Review Pub Date : 2024-01-04 Suzie Navot
In the comparative constitutional field relating to backsliding democracies, it is difficult to find an example of a single constitutional event that undermines the basic principles of democracy. Democracies die in a slow and gradual process. Each of the laws passed is not in itself fatal for democracy but when the measures are examined together, cumulatively, the whole is greater than the sum of its
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Politics in Legal Disguise Israel Law Review Pub Date : 2023-12-07 Daniel Friedmann
The article discusses the current legal-political crisis in Israel against the backdrop of the judicial and political powers that have led to the present situation. The disastrous Yom Kippur War of 1973 weakened the government and public confidence in the political institutions. The weaknesses of the government enabled the Supreme Court to carry out a judicial revolution, which completely changed the
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Reforming the Israeli High Court of Justice: Proposed versus Desirable Israel Law Review Pub Date : 2023-12-05 Joshua Segev
Constitutional courts are expected to operate under certain conditions (independence, transparency, democratic pedigree) and to resolve controversies in accordance with legal rules, principles and procedures. When these expectations are repeatedly frustrated, the legitimacy of the court is damaged and it is perceived as a partisan institution. This article discusses four structural problems in the
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Israel's Constitutional Moment Israel Law Review Pub Date : 2023-12-04 Yoav Dotan
As the result of the initiation of the ‘judicial reform’ in January 2023, and the huge wave of public protest, Israel is currently undergoing a political turmoil which may develop into a fully fledged constitutional crisis. In this article I provide an account of the roots and causes of the present crisis from a public law theory perspective. In particular, I discuss the relationship between constitutional
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The Two Revolutions of Israel's National Identity Israel Law Review Pub Date : 2023-12-04 Barak Medina, Ofra Bloch
The judicial overhaul, designed to weaken the judiciary and unleash governmental power from its structural checks, should be understood, we argue, as part of a deeper transformation of Israel's constitutional identity. At its core, this transformation is not about ‘empowering the people’ but rather about questioning Israel's commitment to the fundamental principle of equal citizenship, mainly regarding
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Political Polarisation and the Constitutional Crisis in Israel Israel Law Review Pub Date : 2023-11-24 Iddo Porat
The article aims to further the understanding of the current constitutional crisis in Israel through the lens of political polarisation. Israel, like other countries around the world, is experiencing a substantial increase in political polarisation. Recent data shows that since 2009 affective polarisation (the extent to which individuals have negative feelings towards members of the opposing party
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Populist Constitutionalism and the Judicial Overhaul in Israel Israel Law Review Pub Date : 2023-11-17 Yaniv Roznai, Amichai Cohen
In the last year Israel has been going through its most severe constitutional crisis in its history. The newly elected right-wing government has initiated a judicial overhaul that would limit the authority of the judiciary and grant the executive almost absolute powers. In response, the country has witnessed unprecedented civil protestations and opposition from nearly all segments of civil society
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The Constitutional Overhaul and the West Bank: Is Israel's Constitutional Moment Occupied? Israel Law Review Pub Date : 2023-11-15 Tamar Hostovsky Brandes
The protests against the Israeli government's proposed constitutional changes, which started in January 2023, have escalated into overall social upheaval. Protestors, politicians and academics have claimed that the existing ‘social contract’ has been violated, that Israel needs a ‘new contract’, and that such ‘new contract’ should be enacted through a constitution. This article argues that while the
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Judicial Reform or Abusive Constitutionalism in Israel Israel Law Review Pub Date : 2023-10-26 Yaniv Roznai, Rosalind Dixon, David E Landau
How should the constitutional reform in Israel be assessed in comparative terms? Comparative constitutional understandings point to the centrality of three key sets of norms as part of the ‘democratic minimum core’: (i) commitments to free and fair, regular multi-party elections; (ii) political rights and freedoms; and (iii) a system of institutional checks and balances necessary to maintain (i) and
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The Attempt to Capture the Courts in Israel Israel Law Review Pub Date : 2023-10-12 Guy Lurie
A central element in the Israeli government's agenda to overhaul the judiciary, unveiled in January 2023, is its proposal to give it and its parliamentary coalition control over the selection and promotion of judges. This article shows that this proposal is an attempt to capture the courts. To illustrate this, the article looks at the government's proposal through three different perspectives: first
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The Long Hand of Anti-Corruption: Israeli Judicial Reform in Comparative Perspective Israel Law Review Pub Date : 2023-10-06 Tom Ginsburg
There are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition's efforts to assert more
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Releasing the Government from Acting Reasonably; or, the Government Says Goodbye to Reasonableness Israel Law Review Pub Date : 2023-10-06 Mordechai Kremnitzer
The Knesset has recently amended Basic Law: The Judiciary to eliminate the ability of the courts to issue an injunction against the government or any of its ministers based on the reasonableness of their decisions. This article examines this amendment from various angles. The first section posits the amendment as part of a larger plan of the coalition to eliminate judicial review and provide the government
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Constitutionalising Israel's Constitutional System Israel Law Review Pub Date : 2023-09-26 Manal Totry-Jubran
The current political landscape in Israel, with countrywide demonstrations occurring weekly, and citizens calling for democracy in the face of initiatives introduced by the coalition, may be regarded as transformative events with potential constitutional implications. This article explores the question of whether Israel is experiencing a ‘constitutional moment’ and what such a moment entails, taking
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Reflections on Constitutional Adjudication in a Democracy Israel Law Review Pub Date : 2023-09-19 Andreas Paulus
This article examines the necessity for constitutional adjudication in a democracy. Democracy is not the government of the minority by the majority, but self-government of the people in a pluralist society. The article regards constitutional adjudication as a necessary component of a constitutional democracy to preserve self-government and individual rights as a pre-condition for the acceptance of
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Is There a ‘Constitutional Moment’ in Israel and Hungary? Israel Law Review Pub Date : 2023-09-18 Gábor Halmai
This article addresses the concept of ‘constitutional moment’ in contemporary Israel, where an illiberal constitutionalisation process is in progress, and in Hungary, where the illiberal constitutional system has been in place since 2010. After discussing the judicial overhaul of the current Israeli government and the widespread protest movement against it, the article raises the question of whether
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The ‘Constitutional Reform’ and the Occupation Israel Law Review Pub Date : 2023-09-12 David Kretzmer
The ‘constitutional reform’ planned by the government that assumed power in Israel in December 2022 is not an end in itself. Its aim is to provide the basis for planned policies and actions of the government that are incompatible with Israel's present constitutional order, and that are unlikely to stand up to judicial review before the present judges of the Supreme Court. This article discusses the
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Bridging the Gap: Reparations in Refugee Camps Israel Law Review Pub Date : 2023-09-11 Dimitra Serafeimidi, Lorena Vilchez Marcos, Shivani Puri
The commission of large-scale international crimes (namely, crimes against humanity, war crimes, and genocide) could result in populations fleeing from their homes, seeking protection. There is an increasing number of victims of these crimes who have been forcibly displaced and currently live in settlements widely known as refugee camps. Victims of international crimes have the right to receive reparations
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Geneva, We Have a Problem: Internationalisation of Armed Conflicts through Indirect Intervention Remains a Dead Letter Israel Law Review Pub Date : 2023-08-15 Miloš Hrnjaz, Mina Radončić
The article seeks to raise awareness about the non-application of the norms of international humanitarian law (IHL) of international armed conflicts in situations of so-called internationalised armed conflicts – namely, when a non-state armed group (NSAG) that is engaged in an armed conflict against the territorial state enjoys a degree of support from another state. Debates in academic circles and
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Radio Silences: The ‘Kidnapped Voices’ and the Production of Political Memory in Colombia (1994–2018) Israel Law Review Pub Date : 2023-07-17 Daniel R Quiroga-Villamarín
After being kidnapped by the FARC-EP guerrilla group in 1994, the Colombian war reporter Herbin Hoyos created the radio show Las Voces del Secuestro (roughly, The Kidnapped Voices). Every morning, for 24 years, the families of those abducted by the guerrilla group sent out public messages of remembrance, hoping that their loved ones, deep in the jungles of Colombia, would be able to hear the broadcasts
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The Belfast/Good Friday Agreement and Transformative Change: Promise, Power and Solidarity Israel Law Review Pub Date : 2023-05-09 Rory O'Connell, Fionnuala Ní Aoláin, Lina Malagón
In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result,
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Fighting Cyber Attacks with Sanctions: Digital Threats, Economic Responses Israel Law Review Pub Date : 2023-05-09 Vera Rusinova, Ekaterina Martynova
This article contributes to the understanding of why states resort to targeted, or smart, sanctions to meet the threat of cyber intrusions and whether this type of response is a forced measure or an effective tool to halt, prevent and punish attacking states. The tools of analysis used in the article are legal positivism and political theories, including Mancur Olson's theory of groups and Francesco
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Turkey's Extraterritorial Use of Force against Armed Non-State Actors Israel Law Review Pub Date : 2023-03-30 Saeed Bagheri
The use of force in foreign territories has been contained in the Constitution of the Republic of Turkey, with the authorisation of the Grand National Assembly of Turkey, in ‘cases deemed legitimate by international law’ and where required by international treaties to which Turkey is a party. Yet Turkey's extraterritorial use of force against armed non-state actors lead to the most important question
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Autonomous Weapons and the Right to Self-Defence Israel Law Review Pub Date : 2023-03-20 Agata Kleczkowska
This article focuses on the application of autonomous weapons (AWs) in defensive systems and, consequently, assesses the conditions of the legality of employing such weapons from the perspective of the right to self-defence. How far may humans exert control over AWs? Are there any legal constraints in using AWs for the purpose of self-defence? How does their use fit into the traditional criteria of
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Stop Ecocide International's Blueprint for Ecocide Is Compromised by Anthropocentrism: A New Architect Must Be Found Israel Law Review Pub Date : 2023-03-20 Elliot Winter
An expert panel formed by Stop Ecocide International has proposed an amendment to the Rome Statute of the International Criminal Court which, if adopted, would create a new international crime of ecocide. However, the panel's proposal is compromised throughout by anthropocentrism in the sense that it places too much emphasis on the needs of humans and not enough on the needs of the environment. It
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Should Weaponised Moral Enhancement Replace Lethal Aggression in War? Israel Law Review Pub Date : 2023-03-17 Joao Fabiano
Some have proposed the development of technologies that improve our moral behaviour – moral enhancement – in order to address global risks such as pandemics, global warming and nuclear war. I will argue that this technology could be weaponised to manipulate the moral dispositions of enemy combatants. Despite being morally controversial, weaponised moral enhancement would be neither clearly prohibited
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In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law Israel Law Review Pub Date : 2023-03-15 Steven van de Put
Both international humanitarian law (IHL) and international human rights law (IHRL) make extensive references to humanity. Yet the role attributed to humanity differs between the two. Humanity is seen in IHRL as the source of the rights, whereas in IHL it is interpreted as a moral obligation to avoid harm. This article challenges this perspective. Relying upon contemporary interpretations of IHL, it
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Revisiting Judicial Review of Constitutional Amendments in Bangladesh: Article 7B, the Asaduzzaman Case, and the Fall of the Basic Structure Doctrine Israel Law Review Pub Date : 2023-01-16 Kawser Ahmed
In 1989, the Supreme Court of Bangladesh, in the Anwar Hossain Chowdhury case, first embraced implicit unamendability or interpretative unamendability of the Constitution – that is, the basic structure doctrine. Since then, the basic structure or the basic feature doctrine has been recognised as the theoretical premise underpinning judicial review of constitutional amendments in Bangladesh. In 2011
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Anti-Terrorism Criminal Law: Where Emergency Regime Meets the Investigative Agenda Israel Law Review Pub Date : 2023-01-10 Sigal Shahav
This article aims to show how reform of the law on terrorism not only has the power to create new criminal procedures, it can also create a distinct, parallel field operating alongside general criminal law. This parallel configuration presents certain unique features and processes which merit their own typology – namely, anti-terrorism criminal law (ATCL). First, the article discusses how states have
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Military Artificial Intelligence and the Principle of Distinction: A State Responsibility Perspective Israel Law Review Pub Date : 2022-12-13 Magdalena Pacholska
Military artificial intelligence (AI)-enabled technology might still be in the relatively fledgling stages but the debate on how to regulate its use is already in full swing. Much of the discussion revolves around autonomous weapons systems (AWS) and the ‘responsibility gap’ they would ostensibly produce. This contribution argues that while some military AI technologies may indeed cause a range of
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Rethinking ‘Jurisdiction’ in International Human Rights Law in Rescue Operations at Sea in the Light of AS and Others v Italy and AS and Others v Malta: A New Right to be Rescued at Sea? Israel Law Review Pub Date : 2022-12-09 Silvia Dimitrova
In January 2021 the Human Rights Committee determined that Italy and Malta had both failed to protect the right to life of more than 200 migrants who perished in a shipwreck in 2013. The Committee tackled for the first time the question of extraterritorial application of the International Covenant on Civil and Political Rights to persons in distress at sea. While finding the decision against Malta
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Extraterritorial, Universal, or Transnational Human Rights Law? Israel Law Review Pub Date : 2022-11-25 Dalia Palombo
Traditionally, international human rights adjudication relied on the paradigm of extraterritoriality on the rare occasions when it was confronted with cross-border cases. This paradigm recognises only limited circumstances in which states bear extraterritorial human rights obligations. However, with globalisation, transboundary human rights cases have multiplied. This emerging litigation increasingly
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Institutional Independence and Accountability of the Judiciary: Lionel Cohen Lecture 2022, Jerusalem, 30 May 2022 Israel Law Review Pub Date : 2022-11-11 The Rt Hon The Lord Burnett of Maldon
It is an honour to have been asked to give this Lionel Cohen Lecture deferred from 2020 when the covid pandemic was sweeping the world. It is a great pleasure to be with you at the Hebrew University of Jerusalem.
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When the Cannons Roar, Tort Laws Are Silent? A Re-examination of Section 5B of the Civil Wrongs (Liability of the State) Law Israel Law Review Pub Date : 2022-10-19 Ya'ara Mordecai
This article tackles the question of the legality of section 5B of the Civil Wrongs (Liability of the State) Law, which precludes the Palestinian residents of the Gaza Strip, members of terrorist organisations and their agents from obtaining compensation for injuries suffered as a result of the negligent conduct of Israeli security forces. The question is examined through the lens of Israel's tort
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When Legal Fundamentalism Meets Political Justice: The Case of Poland Israel Law Review Pub Date : 2022-09-20 Tomasz Tadeusz Koncewicz
To Professor Martin Shapiro, With friendship, gratitude, and admiration The ruling of 22 October 2020 concerning termination of pregnancy in Case K 1/20, handed down by the body once known as the Polish Constitutional Court, has devastated the legal and social landscape in Poland. The decision ruled as unconstitutional the provision that allowed medically assisted termination in cases where prenatal
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Injuring Family Relations through Gross Violations of International Human Rights and Humanitarian Law Israel Law Review Pub Date : 2022-09-16 Patryk Gacka
Drawing a line between victims and non-victims in the context of gross violations of international humanitarian and international human rights law is not an easy task. On the one hand, mass atrocities lead to widespread victimisation of individuals, groups and communities who suffer from various types of harm and damage incurred in the process of their commission. On the other hand, clearly not every
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Casting a Legal Safety Net: A Human Security Approach to Assisting Families Following Armed Conflict Israel Law Review Pub Date : 2022-08-17 Emily Camins
Families often have particular vulnerabilities following armed conflict. As international humanitarian law focuses primarily on regulating the conduct of hostilities, its scope for addressing the vulnerability of families and other victims of armed conflict is, at present, conceptually and practically limited. A human security approach invites consideration of the shortcomings of existing legal frameworks
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The Art of the Deal or ‘Abandoning’ Self-Determination? US Recognition of Morocco's Territorial Sovereignty over Western Sahara Israel Law Review Pub Date : 2022-06-24 Christopher J Borgen
This article considers the recent recognition by the United States of Morocco's territorial sovereignty over Western Sahara. After a review of certain aspects of the history of the dispute over Western Sahara, it focuses on the interaction of arguments based on the recognition and non-recognition of territorial sovereignty with those prioritising the right of self-determination of the Sahrawi people
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Concomitant Prohibitions: Collective Punishment as the Origin of Other Violations of the Rights of Civilians under Belligerent Occupation Israel Law Review Pub Date : 2022-05-25 Jose Serralvo
International humanitarian law (IHL) categorically prohibits all types of collective punishment. However, neither treaty nor customary sources provide a clear definition of what should be deemed a collective punishment. Given this lack of clarity, it is no surprise that little attention has been paid to the way in which resorting to different forms of collective punishment during a belligerent occupation
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The 2021 ECtHR Decision in Georgia v Russia (II) and the Application of Human Rights Law to Extraterritorial Hostilities Israel Law Review Pub Date : 2022-03-25 Marco Longobardo, Stuart Wallace
This article discusses the findings of the European Court of Human Rights in the 2021 case of Georgia v Russia (II) in relation to the applicability of the European Convention on Human Rights to the conduct of hostilities. The article describes the arguments advanced by the Court to support the idea that the Convention does not apply to extraterritorial hostilities in an international armed conflict
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Judges and Academics, and the Endless Road to Unattainable Perfection: Lionel Cohen Lecture 2021, Jerusalem, 25 October 2021 Israel Law Review Pub Date : 2022-03-07 Lord Burrows
This article is a lightly revised version of the Lionel Cohen Lecture 2021 given by the author in October 2021. It looks at the relationship between legal academics and judges. The title of the article derives from one of the judgments of the great Lord Goff. The article has three main parts. First, it explores the increased influence of legal academics on judges in England and Wales towards the end
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Rights, Lawfare and Reproduction: Reflections on the Polish Constitutional Tribunal's Abortion Decision Israel Law Review Pub Date : 2022-03-07 Magdalena Furgalska, Fiona de Londras
In 2020 the Constitutional Tribunal of Poland held that the legislation that permitted abortion in cases of ‘fatal foetal anomaly’ was an unconstitutional interference with the right to life of the foetus. This article examines the recent decision, which prohibits abortion on the grounds of foetal anomaly, arguing that this decision is part of a broader scheme of Polish and transnational anti-abortion
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Challenging UN Security Council- and International Criminal Court-Requested Asset Freezes in Domestic Courts: Views from the United Kingdom and Italy Israel Law Review Pub Date : 2022-02-08 Daley J Birkett, Dini Sejko
This article analyses attempts by the Libyan Investment Authority (LIA), the sovereign wealth fund of Libya, to challenge the domestic implementation of asset-freezing measures requested by the United Nations Security Council (UNSC) and the International Criminal Court (ICC) in the United Kingdom (UK) and Italy. The UNSC requested that states freeze LIA assets in early 2011 before partially easing
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Israeli Pre-Transitional Justice and the Nakba Law – CORRIGENDUM Israel Law Review Pub Date : 2022-01-24 Yoav Kapshuk,Lisa Strömbom
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R2P and Empire: On Dan Kovalik's No More War: How the West Violates International Law by Using ‘Humanitarian’ Intervention to Advance Economic and Strategic Interests, and How Principled Realism Will Reduce Domination Around the World Israel Law Review Pub Date : 2021-10-23 Boleslaw Z Kabala, Matthew Hallgarth
In his impassioned No More War: How the West Violates International Law by Using ‘Humanitarian’ Intervention to Advance Economic and Strategic Interests, human rights lawyer Dan Kovalik makes the case that the recently considered responsibility to protect (R2P) doctrine, which allows for humanitarian intervention in narrowly defined circumstances, is legally and morally untenable. Humanitarian interventions
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The Rights of the Families of Missing Persons: Going Beyond International Humanitarian Law Israel Law Review Pub Date : 2021-10-21 Grażyna Baranowska
The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled ‘The Missing and Their Families’ of the National Implementation Database of the
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Memory Laws as a Misuse of Legislation Israel Law Review Pub Date : 2021-09-27 Eran Fish
Memory laws are often accused of enforcing an inaccurate, manipulative or populist view of history. Some are also said to violate fundamental rights, in particular the right to free speech. These accusations are not entirely unjustified. Yet, a discussion of memory legislation that concentrates on these faults might be missing its mark. The main problem with memory legislation is not necessarily with
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Transformation – Overcoming the Limits of Liberal Peace and Transitional Justice in Deeply Divided Societies: Reconciliation in Liberal Peace Theory Israel Law Review Pub Date : 2021-09-22 Or Avi-Guy
This article explores the tension between the theoretical conceptualisations of liberal peace, transitional justice and reconciliation by focusing on power sharing as a liberal peace institution-building mechanism. Power sharing is based on the premise that identities in conflict in deeply divided societies are difficult, if not impossible, to change. The article outlines the limitations of liberal
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Israeli Pre-Transitional Justice and the Nakba Law Israel Law Review Pub Date : 2021-09-13 Yoav Kapshuk, Lisa Strömbom
Pre-transitional justice activities that expose past injustices during entrenched conflicts can incite strong reactions among actors who feel threatened by or dislike such activities, and who thus attempt to silence controversial truths. This article illuminates how attempts to silence controversial truths, in parallel with shutting down debate, can also have the unintended outcome of enlarging public
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Truth and Closure in Cyprus: An Assessment of the Committee on Missing Persons Israel Law Review Pub Date : 2021-09-02 Nasia Hadjigeorgiou
There are two key limitations to the literature that explores the relationship between truth and closure in post-violence societies. The first is that this relationship has been assessed mostly as part of a larger debate focusing on the links between the truth and the seemingly related concept of reconciliation. The second is that to the extent that the literature has addressed the connections between
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International Refugee Regime: An Alternative Form of Protection for Human Rights Defenders? Israel Law Review Pub Date : 2021-08-20 Aikaterini-Christina Koula
Human rights defenders (HRDs) are subjected to serious human rights violations through legal and extralegal actions. Notably, most of the abuses against them remain unpunished, perpetuating a vicious cycle of violence against them. There is room for doubt that international human rights law has failed to provide efficient protection for HRDs, and this article considers the international refugee regime
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Sri Lanka, Human Rights and the United Nations: A Scrutiny into the International Human Rights Engagement with a Third World State Thamil Venthan Ananthavinayagan Springer, 2019, xix + 266 pp, hb £99.99, ebk £79.50, ISBN 9789811373497 hb, 9789811373503 ebk Israel Law Review Pub Date : 2021-08-05 Punsara Amarasinghe,Eshan Jayawardena
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Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement – Erratum Israel Law Review Pub Date : 2021-06-07 Thibault Moulin
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The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading? Israel Law Review Pub Date : 2021-06-07 Mohammed S Wattad
Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the
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Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement Israel Law Review Pub Date : 2021-04-20 Thibault Moulin
The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express
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Denying the Right of Return as a Crime Against Humanity Israel Law Review Pub Date : 2021-04-05 Tomer Levinger
This article argues that there are firm grounds upon which to regard the act of denying a person's right of return to their country as a crime against humanity. To make its case, the article builds upon two justifications for the right of return: its grounding based on the human need to belong, and its purpose as a means of preventing rightlessness. The human interests underlying these justifications
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The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements Israel Law Review Pub Date : 2021-03-23 Diletta Marchesi
In July 2020 the International Criminal Court opened the trial in the Al Hassan case. For the first time in the history of international criminal justice a defendant is being tried with the charge of the war crime of sentencing or execution without due process in the context of a non-international armed conflict. Together with its equivalent in international armed conflicts – the war crime of denying
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Absolutist Admissibility at the ICC: Revalidating Authentic Domestic Investigations Israel Law Review Pub Date : 2021-03-16 Michael A Newton
Current jurisprudential trends empower the International Criminal Court (ICC) Prosecutor to override domestic investigative authorities in a manner that violates the letter and spirit of the Rome Statute. Sovereign states have primary responsibility to document, investigate and prevent atrocity crimes. Yet, current ICC practice subverts domestic enforcement efforts. No provision of the Rome Statute