A judgment in the shadow of international criminal law

In spite of the inconclusive conclusion of its analysis (to the effect that it cannot be determined whether targeted killings are always legal or always illegal, but the matter must be established on a case by case basis), the judgment delivered by the Israeli Supreme Court is important in many resp...

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Bibliographic Details
Main Author: Ben-Naftali, Orna (Author)
Format: Electronic Article
Language:English
Published: [S.l.] SSRN [2010]
In: Journal of international criminal justice
Year: 2007, Volume: 5, Issue: 2, Pages: 322-331
Online Access: Volltext (Resolving-System)
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Summary:In spite of the inconclusive conclusion of its analysis (to the effect that it cannot be determined whether targeted killings are always legal or always illegal, but the matter must be established on a case by case basis), the judgment delivered by the Israeli Supreme Court is important in many respects. Although it inquires into the legality or illegality of targeted killings from the viewpoint of state responsibility, it also takes into account the possibility of individual criminal liability arising out of acts contrary to international humanitarian law, and suggests the dialectics between these two classes of responsibility. The fact that the judgment sets out guidelines for permissible and impermissible actions involving targeted killings provides the condition for investigating the criminality of some of these actions and indeed invites such investigations by the Israeli judicial authorities
Physical Description:Online-Ressource
ISSN:1478-1395
DOI:10.1093/jicj/mqm006