EJIL: Debate!

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Who is a Civilian? A Follow up on the Status of Hamas Police Officers

At the end of 2008, I put up a post in which I suggested that a key issue in assessing the lawfulness of Israeli airstrikes in Gaza was determning the status of Hama police officers. Before attempting to make the proportionality calculation International Humanitarian Law (IHL) requires, one has to first answer the question who is a civilian and who is a legitimate target. As has been pointed out on this site, one needs to be clear about the relevant facts before engaging in the required legal analysis. Darryl Li, a student of mine at Yale Law School, sent me an email, in response to my earlier post, in which he attempts to set out what he considers to be the relevant facts regarding the structure of the Gaza police and the status of the police officers. Darryl has worked in Gaza for Human Rights Watch, B'tselem (the Israeli Human Rights group), and the Palestinian Centre for Human Rights. With his permission, I set out some of his email to me. Gaza police are distinct, operationally and otherwise,…

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Top International Lawyers of 2008?

At this time of the year, it is usual for the media to pubish lists of top this and top that of the year. I wonder whether it is possible to have list of the top international lawyers of 2008. If one were to try to construct such a list one would have come up with criteria for identiying…

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Human Rights, International Economic Law and ‘Constitutional Justice’: a Reply by Robert Howse to Ernst-Ulrich Petersmann’s Article in EJIL Vol 19:4

In issue 4 of our year marking the anniversary of the UDHR, we published an article by Ernst-Ulrich Petersmann on "Human Rights, International Economic Law and 'Constitutional Justice'". We continue the discussion by publishing a reply and a rejoinder to this piece. We invite our readers to comment. Herein find a reply by Robert Howse to Ernst-Ulrich Petersmann: "Together with developments…

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Human Rights, International Economic Law and ‘Constitutional Justice’: A Rejoinder by Ernst-Ulrich Petersmann

In this post Ernst-Ulrich Petersmann issues a rejoinder to Robert Howse's comments [above] on Prof. Petersmann's article. "All academics learn from discussion and criticism of their published views. Hence, I congratulated the EJIL editors, Alston in 2002 and Weiler in 2008, when they invited a response to my articles in EJIL. Following the insulting EJIL comments by Alston in 2002, this…

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