Deakin University
Browse

File(s) under permanent embargo

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

journal contribution
posted on 2007-06-01, 00:00 authored by M Milanovic
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 the relationship between human rights law and humanitarian law. Both judgments are at times inconsistent and lacking in analysis, with the Hamdan judgment in particular misinterpreting the relevant international authorities, including the Commentaries on the Geneva Conventions. Despite these flaws, or because of them, both of these judgments remain instructive. The purpose of this article is to present the lessons for the future that these two decisions might bring to ongoing debates on the impact of global terrorism on the law of armed conflict.

History

Journal

International Review of the Red Cross

Volume

89

Issue

866

Pagination

373 - 393

Publisher

Cambridge University Press

Location

Cambridge, Eng.

ISSN

1816-3831

eISSN

1607-5889

Language

eng

Publication classification

CN.1 Other journal article

Copyright notice

2007, International Committee of the Red Cross

Usage metrics

    Research Publications

    Keywords

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC