Home
Document printed from the website of the ICRC.
URL: http://www.icrc.org/web/eng/siteeng0.nsf/html/review-866-p373
International Committee of the Red Cross
30-06-2007  International Review of the Red Cross No 866, p. 373-393 by Marko Milanovic
Lessons for human rights and humanitarian law in the war on terror: comparing Hamdan and the Israeli Targeted Killings case
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with the concept of unlawful combatancy and the relationship between human rights law and humanitarian law.

Marko Milanovic
is Law Clerk to Judge Thomas Buergenthal, International Court of Justice.
Abstract
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with the concept of unlawful combatancy and the relationship between human rights law and humanitarian law. Both judgments are at times inconsistent and lacking in analysis, with the Hamdan judgment in particular misinterpreting the relevant international authorities, including the Commentaries on the Geneva Conventions. Despite these flaws, or because of them, both of these judgments remain instructive. The purpose of this article is to present the lessons for the future that these two decisions might bring to ongoing debates on the impact of global terrorism on the law of armed conflict.

pdf file Full text in PDF format  (176kb)
  About Acrobat PDF files


go to top of page
Copyright © 2009  International Committee of the Red Cross30-06-2007
Section:  Info resources > International Review > 2007 - No. 866
Back to previous page Back to previous page