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Full-Text Articles in Comparative and Foreign Law
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Michigan Law Review
An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …