ISRAEL LAW REVIEW最新文献_第9页

Introduction 介绍

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-07-01 DOI: 10.1017/s002122372100008x

M. Shaw, Y. Shany, Y. Ronen

引用次数: 0

Closing Remarks 闭幕式

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-05-31 DOI: 10.1017/9781108671422.012

Xiang Bai, N. Haugen, C. Fureby, G. Brethouwer, N. Swaminathan

引用次数: 0

Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement 医生扮演上帝?调控控制论人类增强实验阶段的法律挑战

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-04-20 DOI: 10.1017/S0021223721000054

Thibault Moulin

{"title":"Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement","authors":"Thibault Moulin","doi":"10.1017/S0021223721000054","DOIUrl":"https://doi.org/10.1017/S0021223721000054","url":null,"abstract":"The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express legal framework pertaining to the experimental phase of human enhancement techniques, they are actually constrained by international law. According to international humanitarian law, civilians and prisoners of war may be subjected to experiments only when required by their state of health or for medical treatment. According to international human rights law, experimentations are permissible when they meet two conditions: (i) free consent, and (ii) proportionality (that is, the adequacy of risk and benefit). In light of these conditions, this article assesses the situations in which experimentation involving brain-computer interfaces would be lawful. It also gives specific attention to those experimentations carried out on members of the armed forces. In fact, owing to the military hierarchy and the unique nature of its mission (to protect national security at the risk of their own lives), it is necessary to determine how the military may comply with this legal framework.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021223721000054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43727838","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: 1

Truth and Closure in Cyprus: An Assessment of the Committee on Missing Persons 塞浦路斯的真相与终结：失踪人员问题委员会的评估

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-04-19 DOI: 10.1017/S0021223721000121

Nasia Hadjigeorgiou

引用次数: 4

Denying the Right of Return as a Crime Against Humanity 否认返回权是危害人类罪

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-04-05 DOI: 10.1017/S0021223721000042

T. Levinger

引用次数: 1

The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements 否认司法保障的战争罪及其物质要件的不确定性

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-03-23 DOI: 10.1017/S0021223721000030

Diletta Marchesi

{"title":"The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements","authors":"Diletta Marchesi","doi":"10.1017/S0021223721000030","DOIUrl":"https://doi.org/10.1017/S0021223721000030","url":null,"abstract":"In July 2020 the International Criminal Court opened the trial in the Al Hassan case. For the first time in the history of international criminal justice a defendant is being tried with the charge of the war crime of sentencing or execution without due process in the context of a non-international armed conflict. Together with its equivalent in international armed conflicts – the war crime of denying a fair trial – this offence falls within the category of the war crimes of denying judicial guarantees. Although there are differences in their constitutive elements, both offences prohibit states and armed non-state actors from depriving prisoners of war and civilians of certain minimum judicial guarantees. The provisions that regulate these two crimes, however, present interpretative and practical issues which, so far, have not received sufficient consideration. Most notably, the material elements of the offences raise a range of interpretative doubts and are of cumbersome application. The objectives of the article are (i) to identify the issues posed by the material elements of the war crimes of denying judicial guarantees, (ii) to warn of the pitfalls hidden by the interpretation of the offences, and (iii) to trigger the debate on the issues that the crimes raise.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021223721000030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44913397","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: 2

Absolutist Admissibility at the ICC: Revalidating Authentic Domestic Investigations 国际刑事法院的绝对可采性:重新确认真实的国内调查

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-03-16 DOI: 10.1017/S0021223720000278

M. Newton

{"title":"Absolutist Admissibility at the ICC: Revalidating Authentic Domestic Investigations","authors":"M. Newton","doi":"10.1017/S0021223720000278","DOIUrl":"https://doi.org/10.1017/S0021223720000278","url":null,"abstract":"Current jurisprudential trends empower the International Criminal Court (ICC) Prosecutor to override domestic investigative authorities in a manner that violates the letter and spirit of the Rome Statute. Sovereign states have primary responsibility to document, investigate and prevent atrocity crimes. Yet, current ICC practice subverts domestic enforcement efforts. No provision of the Rome Statute permits the Office of the Prosecutor (OTP) to substitute its unfettered judgment over the good-faith discretion of domestic prosecutors. ICC judges have created de facto institutional jurisdictional primacy by relying upon mere assertions regarding the insufficiency of domestic efforts. This trend is particularly problematic at the liminal phase from the preliminary examination (PE) to an authorised investigation because OTP policy preferences supersede good-faith domestic investigations and prosecutorial assessments. Juridical templates for assessing admissibility have been extrapolated from later phases of particularised cases into the PE phase. Current practice effectively eliminates sovereign prosecutorial discretion. Good-faith exercises of domestic prosecutorial discretion should not be constrained by post hoc Court-created straitjackets. This article dissects this problematic arc and proffers a model for harmonising domestic investigative efforts within the structure and intent of the Rome Statute. Its conclusions recommend reforms to ameliorate a foreseeable crisis of cooperation that could cripple an unreformed Court.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021223720000278","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48890713","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

ISR volume 54 issue 1 Cover and Front matter ISR第54卷第1期封面和封面

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-03-01 DOI: 10.1017/s0021223721000017

引用次数: 0

ISR volume 54 issue 1 Cover and Back matter ISR第54卷第1期封面和封底

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-03-01 DOI: 10.1017/s0021223721000029

引用次数: 0

Introduction 介绍

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2021-01-15 DOI: 10.1017/s0021223720000254

M. Shaw, Y. Shany, Y. Ronen

引用次数: 0