On some merits of the Israeli judgment on targeted killings

Journal of International Criminal Justice

Volumn 5, Issue 2, 2007, Pages 339-345

  Cassese, Antonio ^a  

^a NONE

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EID: 34447633058     PISSN: 14781387     EISSN: 14781395     Source Type: Journal    
DOI: 10.1093/jicj/mqm012     Document Type: Article

References (19)

1. H.C.J. 769/02 The Public Committee against Torture in Israel v. Government of Israel et al. (online in English at: http://elyonl.court.gov.il/files.eng/02/690/007/a34/02007690.a34.pdf).
2. For instance, see some cases brought before the Eritrea-Ethiopia Claims Commission, Partial Award, Central front, Ethiopia's Claim 2, judgment of 28 April 2004 (online: Www.pca-cpa.org/ENGLISH/RPC/# Eritrea-Ethiopia%20% 20 Commission),
3. as well as the judgment of 19 December 2005 (Partial Award, Western and Eastern Fronts, Ethiopia's Claims 1 and 2), ibid.
4. See also two cases brought before the European Court of Human Rights: Isayeva, Ysupova and Bazaieva v. Russia, judgment of 24 February 2005,
5. and Isayeva v. Russia, judgment of 24 February 2005.
6. See also some cases brought before the Inter-American Court ot Human Rights: Bámaca-Velásquez v. Guatemala, judgment of 25 November 2000;
7. Las Palmeras v. Colombia, judgment of 6 December 2001;
8. Mapiripán Massacre v. Colombia, judgment (only in Spanish) of 15 September 2005. Seldom have national courts pronounced upon the conduct of hostilities, and always within the context of civil, not criminal, action.
9. See for instance Ryuichi Shimoda and others v. The State of Japan, judgment of the District Court of Tokyo of 7 December 1963 (on the atomic bombing of Hiroshima and Nagasaki),
10. in L. Friedman, The Law of War - A Documentary History. Vol. II (New York: Random House. 1972), 1688-1702.
11. For instance, see the General Jacob H. Smith case, decided by a US Court Martial on 3 May 1902,
12. concerning the order that no quarter should be given (in L. Friedman, The Law of War - A Documentary History, supra note 2, Vol. 1, at 799-813).
13. See also the William L. Calley case, revolving around the killing of Vietnamese civilians in the village of Mi Lay
14. (see the Instructions of the Militarv Judge to the Court Martial, March 1971, in Friedman, ibid., Vol. II, 1703-1727, as well as the decision of 16 February 1973 of the US Army Court of Military Review, 46 CMR 1131;
15. 1973 CMR LEXIS 843, and the decision of 21 December 1973 by the US Army Court of Military Appeals, 22 USCMA 534;
16. 1973 CMA LEXIS 627). As for international courts, see ICTY, Trial Chamber, Galić, judgment of 5 December 2003 (on sniping and shelling at civilians in Sarajevo),
17. and Strugar, judgment of 31 January 2005 (on the shelling of Dubrovnik).
18. For example see R.S. Schondorf, 'The Targeted Killings Judgment: A Preliminary Assessment', in this issue of the Journal, at part 5.
19. UK Ministry of Defence, The Manual of the Law of Armed Conflict (Oxford: Oxford University Press, 2004), at §16.15.