ISRAEL LAW REVIEW最新文献_第5页

Military Artificial Intelligence and the Principle of Distinction: A State Responsibility Perspective 军事人工智能与区别原则:国家责任视角

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ISRAEL LAW REVIEW Pub Date : 2022-12-13 DOI: 10.1017/S0021223722000188

Magdalena Pacholska

{"title":"Military Artificial Intelligence and the Principle of Distinction: A State Responsibility Perspective","authors":"Magdalena Pacholska","doi":"10.1017/S0021223722000188","DOIUrl":"https://doi.org/10.1017/S0021223722000188","url":null,"abstract":"Abstract Military artificial intelligence (AI)-enabled technology might still be in the relatively fledgling stages but the debate on how to regulate its use is already in full swing. Much of the discussion revolves around autonomous weapons systems (AWS) and the ‘responsibility gap’ they would ostensibly produce. This contribution argues that while some military AI technologies may indeed cause a range of conceptual hurdles in the realm of individual responsibility, they do not raise any unique issues under the law of state responsibility. The following analysis considers the latter regime and maps out crucial junctions in applying it to potential violations of the cornerstone of international humanitarian law (IHL) – the principle of distinction – resulting from the use of AI-enabled military technologies. It reveals that any challenges in ascribing responsibility in cases involving AWS would not be caused by the incorporation of AI, but stem from pre-existing systemic shortcomings of IHL and the unclear reverberations of mistakes thereunder. The article reiterates that state responsibility for the effects of AWS deployment is always retained through the commander's ultimate responsibility to authorise weapon deployment in accordance with IHL. It is proposed, however, that should the so-called fully autonomous weapon systems – that is, machine learning-based lethal systems that are capable of changing their own rules of operation beyond a predetermined framework – ever be fielded, it might be fairer to attribute their conduct to the fielding state, by conceptualising them as state agents, and treat them akin to state organs.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46868812","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}

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Rethinking ‘Jurisdiction’ in International Human Rights Law in Rescue Operations at Sea in the Light of AS and Others v Italy and AS and Others v Malta: A New Right to be Rescued at Sea? 从AS及其他人诉意大利案和AS及其他人诉马耳他案重新思考国际人权法在海上救援行动中的“管辖权”:海上被救助的新权利?

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ISRAEL LAW REVIEW Pub Date : 2022-12-09 DOI: 10.1017/s0021223722000140

Silvia Dimitrova

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Extraterritorial, Universal, or Transnational Human Rights Law? 域外人权法、普遍人权法还是跨国人权法?

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ISRAEL LAW REVIEW Pub Date : 2022-11-25 DOI: 10.1017/S0021223722000139

Dalia Palombo

{"title":"Extraterritorial, Universal, or Transnational Human Rights Law?","authors":"Dalia Palombo","doi":"10.1017/S0021223722000139","DOIUrl":"https://doi.org/10.1017/S0021223722000139","url":null,"abstract":"Abstract Traditionally, international human rights adjudication relied on the paradigm of extraterritoriality on the rare occasions when it was confronted with cross-border cases. This paradigm recognises only limited circumstances in which states bear extraterritorial human rights obligations. However, with globalisation, transboundary human rights cases have multiplied. This emerging litigation increasingly reveals that the paradigm of extraterritoriality is no longer fit to address global crises. Extraterritoriality demands effective control over a territory, or authority and control over a person, for a state to exercise jurisdiction outside its territory. Thus, several cases of cross-border human rights abuses are inevitably barred on jurisdictional grounds. This is particularly true for obligations of a global character, which are, by their very nature, completely unrelated to the control that states exercise over territories or people. It is therefore necessary to look beyond extraterritoriality. This article analyses the competing paradigms of universality and transnationality as they have been adopted by domestic courts. It argues that international human rights adjudication should reconceptualise extraterritoriality against the background of universality and transnationality to address global crises.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43428944","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}

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ISR volume 55 issue 3 Cover and Back matter ISR第55卷第3期封面和封底

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ISRAEL LAW REVIEW Pub Date : 2022-11-01 DOI: 10.1017/s0021223722000176

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ISR volume 55 issue 3 Cover and Front matter ISR第55卷第3期封面和封面问题

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ISRAEL LAW REVIEW Pub Date : 2022-11-01 DOI: 10.1017/s0021223722000164

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Institutional Independence and Accountability of the Judiciary 司法机构的机构独立性和问责制

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ISRAEL LAW REVIEW Pub Date : 2022-11-01 DOI: 10.1017/s0021223722000115

Lionel Cohen

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Introduction 介绍

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ISRAEL LAW REVIEW Pub Date : 2022-11-01 DOI: 10.1017/s0021223722000127

M. Shaw, Y. Shany, Y. Ronen

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When the Cannons Roar, Tort Laws Are Silent? A Re-examination of Section 5B of the Civil Wrongs (Liability of the State) Law 当大炮轰鸣，侵权法沉默?《民事过错(国家责任)法》第5B条再审

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ISRAEL LAW REVIEW Pub Date : 2022-10-19 DOI: 10.1017/s0021223722000103

Ya'ara Mordecai

{"title":"When the Cannons Roar, Tort Laws Are Silent? A Re-examination of Section 5B of the Civil Wrongs (Liability of the State) Law","authors":"Ya'ara Mordecai","doi":"10.1017/s0021223722000103","DOIUrl":"https://doi.org/10.1017/s0021223722000103","url":null,"abstract":"This article tackles the question of the legality of section 5B of the Civil Wrongs (Liability of the State) Law, which precludes the Palestinian residents of the Gaza Strip, members of terrorist organisations and their agents from obtaining compensation for injuries suffered as a result of the negligent conduct of Israeli security forces. The question is examined through the lens of Israel's tort law, comparative law, the law of occupation, and international human rights law. A special focus is given to the amendments made in the said section and its interpretation by Israeli courts, while addressing the state's tort liability towards nationals of enemy states and members of terrorist organisations. In order to emphasise the legal difficulties arising from the Law and the need for its re-examination, the 2018 protests near the Israel-Gaza border are used as a case study. The article concludes by offering to revoke the legal identification as enemy state nationals of Gaza's residents for the purposes of applying state liability in tort. In addition, it recommends the adoption of an individual examination mechanism in relation to members of terrorist organisations. These suggestions are expected to better fulfil the purposes underlying the state's tort liability exemptions, while increasing Israel's compliance with its legal obligations.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45989869","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}

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When Legal Fundamentalism Meets Political Justice: The Case of Poland 当法律原教旨主义遇到政治正义:波兰的案例

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ISRAEL LAW REVIEW Pub Date : 2022-09-20 DOI: 10.1017/s0021223722000036

T. Koncewicz

{"title":"When Legal Fundamentalism Meets Political Justice: The Case of Poland","authors":"T. Koncewicz","doi":"10.1017/s0021223722000036","DOIUrl":"https://doi.org/10.1017/s0021223722000036","url":null,"abstract":"To Professor Martin Shapiro, With friendship, gratitude, and admiration The ruling of 22 October 2020 concerning termination of pregnancy in Case K 1/20, handed down by the body once known as the Polish Constitutional Court, has devastated the legal and social landscape in Poland. The decision ruled as unconstitutional the provision that allowed medically assisted termination in cases where prenatal screening or other medical considerations indicated a high probability of a severe and irreversible abnormality or an incurable disease of the fetus. This analysis argues that the ruling is the most serious attempt to discredit and humiliate the Polish Constitution of 1997, and stands as the ultimate proof of weaponising judicial review. The argument will be made that if one wishes to understand the extent of the capture of independent institutions by the ruling majority, the ruling under consideration must be read and considered in the light of a more general context. Only by going beyond and contextualising it, can one grasp the extent to which the constitutional profile of a state has been altered by methods of unconstitutional capture. The analysis argues that once we contextualise the ruling and view it in a more systemic light, there are important systemic signposts that will help to explain how we arrived here and, more importantly, what is next. These signposts, in turn, contain a cautionary tale of the institutional fragility that is relevant for liberal democracies.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43707184","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}

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Injuring Family Relations through Gross Violations of International Human Rights and Humanitarian Law 通过严重违反国际人权和人道主义法损害家庭关系

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ISRAEL LAW REVIEW Pub Date : 2022-09-16 DOI: 10.1017/S0021223722000012

Patryk Gacka

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