ISRAEL LAW REVIEW最新文献

Politics and Justice at the International Criminal Court 国际刑事法院的政治与司法

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-09-13 DOI: 10.1017/s0021223724000049

Richard H Steinberg

{"title":"Politics and Justice at the International Criminal Court","authors":"Richard H Steinberg","doi":"10.1017/s0021223724000049","DOIUrl":"https://doi.org/10.1017/s0021223724000049","url":null,"abstract":"The International Criminal Court (ICC) is a legal institution embedded in international politics. Politics shaped the Rome Statute of the ICC, which is rooted in norms and rules of European lineage and security interests of party states. Politics constrains and influences the operation of the Court, which has adapted in response to oversight and governance of the Assembly of States Parties, and to political actions extrinsic to institutional rules. The ICC also has political effects in situation states. A brief history shows that application of Rome Statute triggers across state parties with different social conditions skewed geographic distribution of its investigations and prosecutions towards Africa, a structural bias that catalysed a legitimation crisis for the ICC. Subsequent exercises of expansive jurisdiction aimed at nationals of non-African, non-party states – including Israel and some of the world's great powers – have dampened African complaints and advanced the ICC agenda, but intensified non-legitimacy claims by powerful non-party states. To survive, Court organs must follow legal mandates, yet be responsive to pressing international political demands, continuously risking the legitimacy of the ICC as a legal institution and adverse political reactions by antagonised governments. Careful management of the tension between law and politics at the ICC may modestly reduce antagonism towards the Court, but that tension cannot be resolved, and confrontations over the ICC's legitimacy are certain to recur.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142201810","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}

引用次数: 0

The Effect of Russia's Invasion of Ukraine on Non-Human Animals: International Humanitarian Law Perspectives 俄罗斯入侵乌克兰对非人类动物的影响：国际人道主义法视角

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-09-13 DOI: 10.1017/s0021223724000086

Saba Pipia

{"title":"The Effect of Russia's Invasion of Ukraine on Non-Human Animals: International Humanitarian Law Perspectives","authors":"Saba Pipia","doi":"10.1017/s0021223724000086","DOIUrl":"https://doi.org/10.1017/s0021223724000086","url":null,"abstract":"Since Russia's full-scale aggression against Ukraine, there have been thousands of instances of civilian casualties, damage to the natural environment and cultural property, destruction of buildings and infrastructure, blockading of ports, siege, capturing installations containing dangerous forces, and other consequences that accompany hostilities. In addition to the fatalities related to humans (civilians and combatants alike) and their property or environment, the war in Ukraine has also accounted for non-human tolls – namely, the destruction of animals or damage to their habitats.The primary objective of this article is to study three patterns of animal suffering documented during Russia's invasion of Ukraine: (i) targeting zoos and killing zoo animals; (ii) extermination of the Black Sea dolphin population; and (iii) eating pigeons or other pets in besieged localities, and to analyse these patterns in the light of applicable rules of international humanitarian law (IHL).The idea of this research is to underline that war can have a significant effect on various categories of animals, and Russia's invasion of Ukraine is just another example of this. The article also discusses how, and the extent to which international law can provide protection for animals in armed conflict, and whether there are any gaps in the applicable IHL rules related to the protection of animals.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142201818","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}

引用次数: 0

The Conduct of Hostilities, Attack Effects, and Criminal Accountability 敌对行为、攻击效果和刑事责任

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-06-03 DOI: 10.1017/s0021223724000050

Geoffrey Corn

引用次数: 0

Charging Aggression as a Crime against Humanity? Revisiting the Proposal after Russia's Invasion of Ukraine 将侵略指控为危害人类罪？俄罗斯入侵乌克兰后重新审视这一提议

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-05-03 DOI: 10.1017/s0021223724000037

Gregory S. Gordon

{"title":"Charging Aggression as a Crime against Humanity? Revisiting the Proposal after Russia's Invasion of Ukraine","authors":"Gregory S. Gordon","doi":"10.1017/s0021223724000037","DOIUrl":"https://doi.org/10.1017/s0021223724000037","url":null,"abstract":"Much discussion over Russia's 2022 invasion of Ukraine focuses on the inability to charge aggression. However, another approach might be available: charging this under the ICC crimes against humanity (CAH) residual clause. First proposed in 2010 by Benjamin Ferencz, who lamented the circumscribed reach of aggression under the ‘Kampala Compromise’, the proposal has met with scepticism, primarily given that textbook aggression targets military forces, not civilians. Yet, civilian populations disproportionately bear the brunt of the violence of modern aggression (often being its direct targets). Russia's 2022 invasion is but the most recent and compelling example. Thus, this article resuscitates Ferencz's proposal, arguing that Russian leaders could be charged with using illegal force as a CAH under the residual clause. This approach would have practical advantages: initiating aggression in the Kremlin links liability to Putin much more directly for killing Ukrainian civilians, and charging it as CAH opens human victims to ICC participation and reparations. There are theoretical advantages, too, with utilitarian/retributive objectives better satisfied. Moreover, Ferencz's approach is better than recently proposed alternatives: using aggression merely as a gravity/liability modes/sentencing enhancer or alleging breach of the right to self-determination as the residual clause gravamen (arguably creating problems with victim group identification).","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140834169","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}

引用次数: 0

How Misuse of Emergency Powers Dismantled the Rule of Law in Hungary 滥用紧急权力如何瓦解匈牙利的法治

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-04-29 DOI: 10.1017/s0021223724000025

Gábor Mészáros

引用次数: 0

ISR volume 57 issue 1 Cover and Back matter 国际社会科学报告》第 57 卷第 1 期封面和封底

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-03-01 DOI: 10.1017/s0021223724000104

引用次数: 0

To Blockade or Not To Blockade? The Legal Status of Russia's Suspension of Shipping in the Sea of Azov 封锁还是不封锁？俄罗斯暂停亚速海航运的法律地位

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-02-22 DOI: 10.1017/s0021223723000183

Shani Friedman

引用次数: 0

Access to Abortion for Rape Victims in Armed Conflicts: A Feminist Perspective 武装冲突中强奸受害者的堕胎机会：女权主义视角

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-02-14 DOI: 10.1017/s0021223724000013

Francesca Cerulli

{"title":"Access to Abortion for Rape Victims in Armed Conflicts: A Feminist Perspective","authors":"Francesca Cerulli","doi":"10.1017/s0021223724000013","DOIUrl":"https://doi.org/10.1017/s0021223724000013","url":null,"abstract":"Adopting a feminist perspective, this article focuses on the protection of women's right to reproductive health during armed conflicts and, in particular, on access to safe abortion services for rape victims. Indeed, although women are disproportionately affected by conflicts, and their sexual and reproductive needs are exacerbated by the spread of sexual and gender-based violence, there is a lack of specific attention on this topic in the literature. The article therefore aims to investigate whether an obligation to provide access to safe abortion services for rape victims can be interpretatively derived from the set of international rules governing armed conflict. To this end, it will start by focusing on abortion as part of the non-discriminatory medical treatment that states must provide to the wounded and sick. It will then address the interpretation of the absolute obligation to treat humanely persons who are taking no active part in the hostilities, and investigate what such treatment entails when it comes to pregnant women who are victims of rape in armed conflicts. Finally, state practice and the practice of the UN Security Council in the framework of the Women, Peace and Security Agenda will be investigated.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139770722","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}

引用次数: 0

An Overview of Israel's ‘Judicial Overhaul’: Small Parts of a Big Populist Picture 以色列 "司法改革 "概览：民粹主义大图景的小部分

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2024-01-04 DOI: 10.1017/s0021223723000262

Suzie Navot

{"title":"An Overview of Israel's ‘Judicial Overhaul’: Small Parts of a Big Populist Picture","authors":"Suzie Navot","doi":"10.1017/s0021223723000262","DOIUrl":"https://doi.org/10.1017/s0021223723000262","url":null,"abstract":"In the comparative constitutional field relating to backsliding democracies, it is difficult to find an example of a single constitutional event that undermines the basic principles of democracy. Democracies die in a slow and gradual process. Each of the laws passed is not in itself fatal for democracy but when the measures are examined together, cumulatively, the whole is greater than the sum of its parts. It is the big picture, the whole series of legal moves, that brings about a fundamental change in the state's regime until it is no longer a liberal democracy. In these situations of gradual erosion there is no single law that can reveal the magnitude of the change inherent in it. To understand the risk, it is therefore necessary to refer to its overall institutional context. The proposed reform in Israel may result in serious harm to the principle of separation of powers. Moreover, given the importance of imposing limits on governmental power as a tool for protecting human rights and the ‘rules of the game’ in democratic regimes, the reform would seriously harm the protection afforded to these rights and principles, and constitute a clear and present danger to Israel's liberal democracy.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139373508","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}

引用次数: 0

Politics in Legal Disguise 法律伪装下的政治

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2023-12-07 DOI: 10.1017/s0021223723000250

Daniel Friedmann

引用次数: 0