JournalTOCs

Israel Law Review
Journal Prestige (SJR): 0.165

Number of Followers: 2

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0021-2237 - ISSN (Online) 2047-9336
Published by Cambridge University Press

[389 journals]

ISR volume 53 issue 2 Cover and Front matter
- PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000114
  Issue No: Vol. 53, No. 2 (2020)
ISR volume 53 issue 2 Cover and Back matter
- PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000126
  Issue No: Vol. 53, No. 2 (2020)
Introduction
- Authors: Malcolm N Shaw; Yuval Shany, Yaël Ronen
  Pages: 187 - 188
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000084
  Issue No: Vol. 53, No. 2 (2020)
Information Operations and the Question of Illegitimate Interference under
International Law
- Authors: Henning Lahmann
  Pages: 189 - 224
  Abstract: The article examines the legal qualification of state-led information operations that aim to undermine democratic decision-making processes in other states. After a survey of the legal attitudes of states towards such operations during the Cold War, the impact of the digital transformation on the frequency and quality of information operations is explained. The article assesses scholarly responses to the outlined paradigm shift regarding the prohibition of intervention, respect for sovereignty, and the principle of self-determination. The study then inquires whether it is possible to detect a change in how states qualify adversarial information operations by tracking recent state practice and official statements of opinio juris. The survey concludes that there is insufficient uniformity to allow for an inference that the content of the analysed rules of customary international law has already shifted towards more restrictive treatment of foreign interference. As a possible way forward, the article ends with a proposal to focus on deceptive and manipulative conduct of information operations as the most viable path to outlaw such state behaviour in the future. Instead of attempting to regulate the content of information, this approach is better suited to safeguard freedom of speech and other potentially affected civil rights.
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000060
  Issue No: Vol. 53, No. 2 (2020)
Israeli Compliance with Legal Guidelines for Targeted Killing
- Authors: Shahaf Rabi; Avery Plaw
  Pages: 225 - 258
  Abstract: In December 2006 the Israeli High Court of Justice delivered its ruling in the Targeted Killing case (HCJ 769/02). The Court laid out four criteria that must be met for operations conducted as part of Israel's targeted killing policy to be performed legally, and imposed on the state two safeguards to ensure that each operation complies with these criteria. This research examines whether Israel has complied with the ruling in its post-2006 targeted killing operations. The article presents strong evidence which suggests that Israel complies with the Court's four requirements, although there is insufficient information to render a definitive conclusion regarding requirement 3, the principle of proportionality. However, the evidence also casts doubt on Israel's conformity with the two safeguards. The most significant issues revolve around Israel's implementation of and compliance with safeguard 1, the independent ex post facto investigative committee, which should review operations that cause civilian casualties. These concerns include the composition of the committee, its objectivity and independence. In addition, Israel's evolving understanding of the legal status of terrorists has significantly narrowed the jurisdiction of the committee and the HCJ's ruling more generally. These issues are exacerbated by the absence of evidence that safeguard 2, judicial oversight, has occurred.
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000059
  Issue No: Vol. 53, No. 2 (2020)
Nazi Criminology: Continuity and Radicalisation
- Authors: Kai Ambos
  Pages: 259 - 287
  Abstract: Contrary to the ‘rupture thesis’ favoured in Anglo-American academic discourse, Nazi criminal law did not emerge from a vacuum; nor did it disappear after 1945. The article explains and defends this ‘continuity thesis’. In fact, Nazi criminal law adopted earlier authoritarian tendencies of German criminal law and exacerbated them (the ‘radicalisation thesis’). It is for this reason that Nazi criminal law should not lightly be dismissed as ‘non-law’, thus omitting any further engagement with it. The article will show that the same continuity and radicalisation arguments can be made, mutatis mutandis, for German Nazi criminology, which ultimately became a legitimating science (‘Legitimationswissenschaft’) for Nazi criminal justice policy. The argument is developed in four stages. First, an account is given of the racist and criminal-biologistic foundations of National Socialist criminology, including their continuity both with the past and into the future. This is followed by an explanation of the influence of criminal anthropology (particularly that of Lombroso) on the ‘scientification’ of criminology (the ‘Kraepelin and Aschaffenburg paradigms’). Third, the National Socialist radicalisation of criminology on the basis of the criminal-biological utopia of the ‘blood-based’ Volksgemeinschaft is described. Thus, Nazi criminology derived its strength from and built upon biological theories of crime, which in turn laid the foundations of the deadly Nazi criminal justice policy. The discipline became a science that legitimated National Socialism, contrary to Wetzell's thesis of a somewhat dissident ‘mainstream criminology’. With regard to disturbing developments in current German politics, all this will make clear that the approach of the (German) ‘New Right’ to criminal justice is not novel at all but is derived from the ideologically infused theories and policies of Nazi criminologists during the 1930s.
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000072
  Issue No: Vol. 53, No. 2 (2020)
Hans+Kelsen+in+seiner+Zeit+[
Hans+Kelsen+in+His+Time]+Schriftenreihe+des+Hans+Kelsen-Instituts,+Band+40+Clemens+Jabloner,+Thomas+Olechowski+and+Klaus+Zeleny+(eds)+MANZ'sche+Verlags-+und+Universitätsbuchhandlung,+2019,+385+pp,+€79.00,+ISBN+9873214147617&rft.title=Israel+Law+Review&rft.issn=0021-2237&rft.date=2020&rft.volume=53&rft.spage=288&rft.epage=293&rft.aulast=Englard&rft.aufirst=Izhak&rft.au=Izhak+Englard&rft_id=info:doi/10.1017/S0021223720000047">Hans Kelsen in seiner Zeit [Hans Kelsen in His Time] Schriftenreihe des
Hans Kelsen-Instituts, Band 40 Clemens Jabloner, Thomas Olechowski and
Klaus Zeleny (eds) MANZ'sche Verlags- und Universitätsbuchhandlung, 2019,
385 pp, €79.00, ISBN 9873214147617
- Authors: Izhak Englard
  Pages: 288 - 293
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000047
  Issue No: Vol. 53, No. 2 (2020)
Cyber+Espionage+and+International+Law+Russell+Buchan+Hart+Publishing,+2018,+248+pp,+£70,+ISBN+9781782257349&rft.title=Israel+Law+Review&rft.issn=0021-2237&rft.date=2020&rft.volume=53&rft.spage=294&rft.epage=297&rft.aulast=Longobardo&rft.aufirst=Marco&rft.au=Marco+Longobardo&rft_id=info:doi/10.1017/S0021223720000011">Cyber Espionage and International Law Russell Buchan Hart Publishing,
2018, 248 pp, £70, ISBN 9781782257349
- Authors: Marco Longobardo
  Pages: 294 - 297
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000011
  Issue No: Vol. 53, No. 2 (2020)
Where Have All the Scientific and Academic Freedoms Gone' And What Is
‘Adequate for Science’' The Right to Enjoy the Benefits of
Scientific Progress and Its Applications – Corrigendum
- Authors: Klaus D Beiter
  Pages: 298 - 298
  PubDate: 2020-07-01T00:00:00.000Z
  DOI: 10.1017/S0021223720000096
  Issue No: Vol. 53, No. 2 (2020)