Pub Date : 2022-08-17DOI: 10.1017/s0021223722000061
E. 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 in addressing vulnerability, and the development of such frameworks, in a manner that helps to build resilience and address threats. For families harmed during armed conflict, this means identifying features of the existing legal regime that operate in a manner that entrenches or fails to address their vulnerabilities, as well as structural challenges that hinder access to legal opportunities such as reparations. The article identifies several structural issues and features of the legal framework that overlook or entrench the vulnerability of families. Drawing on a human security approach, it suggests that supplementing the existing legal regime with a victim assistance framework could help to address the vulnerability of families and others harmed by armed conflict.
{"title":"Casting a Legal Safety Net: A Human Security Approach to Assisting Families Following Armed Conflict","authors":"E. Camins","doi":"10.1017/s0021223722000061","DOIUrl":"https://doi.org/10.1017/s0021223722000061","url":null,"abstract":"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 in addressing vulnerability, and the development of such frameworks, in a manner that helps to build resilience and address threats. For families harmed during armed conflict, this means identifying features of the existing legal regime that operate in a manner that entrenches or fails to address their vulnerabilities, as well as structural challenges that hinder access to legal opportunities such as reparations. The article identifies several structural issues and features of the legal framework that overlook or entrench the vulnerability of families. Drawing on a human security approach, it suggests that supplementing the existing legal regime with a victim assistance framework could help to address the vulnerability of families and others harmed by armed conflict.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46893041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-01DOI: 10.1017/S0021223722000073
M. Shaw, Y. Shany, Y. Ronen
{"title":"Introduction","authors":"M. Shaw, Y. Shany, Y. Ronen","doi":"10.1017/S0021223722000073","DOIUrl":"https://doi.org/10.1017/S0021223722000073","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46707528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-24DOI: 10.1017/s0021223722000097
{"title":"ISR volume 55 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s0021223722000097","DOIUrl":"https://doi.org/10.1017/s0021223722000097","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43619876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-24DOI: 10.1017/s0021223721000285
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. It concludes that, in as much as the population of Western Sahara has a right to decide its own future, US recognition of Morocco's sovereignty over Western Sahara has undermined key principles of international law.
{"title":"The Art of the Deal or ‘Abandoning’ Self-Determination? US Recognition of Morocco's Territorial Sovereignty over Western Sahara","authors":"Christopher J. Borgen","doi":"10.1017/s0021223721000285","DOIUrl":"https://doi.org/10.1017/s0021223721000285","url":null,"abstract":"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. It concludes that, in as much as the population of Western Sahara has a right to decide its own future, US recognition of Morocco's sovereignty over Western Sahara has undermined key principles of international law.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41593751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-25DOI: 10.1017/s0021223722000024
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 might lead to additional violations of international law, including IHL and international human rights law (IHRL). This article explores the notion of collective punishment under the law of occupation and connects it with other relevant rules of international law. Based on this analysis, and using the Occupied Palestinian Territory as a case study, the article argues that violating the prohibition of collective punishment in a situation of belligerent occupation in all likelihood will trigger the breach of other concomitant rules of IHL and IHRL, thus shedding light on the scope of the prohibition contained in Article 33 of the Fourth Geneva Convention.
{"title":"Concomitant Prohibitions: Collective Punishment as the Origin of Other Violations of the Rights of Civilians under Belligerent Occupation","authors":"Jose Serralvo","doi":"10.1017/s0021223722000024","DOIUrl":"https://doi.org/10.1017/s0021223722000024","url":null,"abstract":"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 might lead to additional violations of international law, including IHL and international human rights law (IHRL). This article explores the notion of collective punishment under the law of occupation and connects it with other relevant rules of international law. Based on this analysis, and using the Occupied Palestinian Territory as a case study, the article argues that violating the prohibition of collective punishment in a situation of belligerent occupation in all likelihood will trigger the breach of other concomitant rules of IHL and IHRL, thus shedding light on the scope of the prohibition contained in Article 33 of the Fourth Geneva Convention.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41767599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-25DOI: 10.1017/S0021223721000261
M. 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. In the light of past decisions, international humanitarian law, international human rights law, and the law of the treaties, it is argued that the Court's conclusion is unconvincing and the arguments seem to be based on extralegal considerations, rather than on a sound interpretation of the notion of state jurisdiction under the Convention.
{"title":"The 2021 ECtHR Decision in Georgia v Russia (II) and the Application of Human Rights Law to Extraterritorial Hostilities","authors":"M. Longobardo, Stuart Wallace","doi":"10.1017/S0021223721000261","DOIUrl":"https://doi.org/10.1017/S0021223721000261","url":null,"abstract":"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. In the light of past decisions, international humanitarian law, international human rights law, and the law of the treaties, it is argued that the Court's conclusion is unconvincing and the arguments seem to be based on extralegal considerations, rather than on a sound interpretation of the notion of state jurisdiction under the Convention.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44533175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-07DOI: 10.1017/s002122372100025x
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 lawfare. This lawfare seeks both to (re)shape Polish law in an anti-abortion mould, and to take advantage of ‘gaps’ in European and international human rights law standards on abortion in order to claim rights compliance for law and policy that, in reality, restricts access to abortion in a manner that is incompatible with international human rights law.
{"title":"Rights, Lawfare and Reproduction: Reflections on the Polish Constitutional Tribunal's Abortion Decision","authors":"Magdalena Furgalska, Fiona de Londras","doi":"10.1017/s002122372100025x","DOIUrl":"https://doi.org/10.1017/s002122372100025x","url":null,"abstract":"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 lawfare. This lawfare seeks both to (re)shape Polish law in an anti-abortion mould, and to take advantage of ‘gaps’ in European and international human rights law standards on abortion in order to claim rights compliance for law and policy that, in reality, restricts access to abortion in a manner that is incompatible with international human rights law.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42917994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/s002122372200005x
{"title":"ISR volume 55 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s002122372200005x","DOIUrl":"https://doi.org/10.1017/s002122372200005x","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45365252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/s0021223722000048
{"title":"ISR volume 55 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0021223722000048","DOIUrl":"https://doi.org/10.1017/s0021223722000048","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46042395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：