IHL Articles

ALMA's IHL Articles webpage is a platform for an open discussion and debate about international humanitarian law related issues. Authors who wish to contribute to the discussion can apply to info@alma-ihl.org.
The opinions expressed are of the authors and are not necessarily those of ALMA. The usual disclaimers apply.

By: Adv. Sigall Horovitz.
Date Published: February 10, 2013.
Type: A summary of a lecture given at the Joint IHL Forum - January 7, 2013
Adv. Horovitz proposes that Israel join the International Criminal Court (ICC) as a move enabling it to influence ICC jurisdiction in the region. read more

By: Adv. Ido Rosenzweig.
Date Published: February 10, 2013.
Type: A summary of a lecture given at the Joint IHL Forum - January 7, 2013
Adv. Rosenzweig holds a discussion about a few questions related to the Israeli and Palestinian conducts during the recent November conflict. read more

by: Adv. Ady Niv
Date Published: November 2012
Type: Op-Ed
The Special Investigatory Commission for the Examination of the Targeted Killing Operation of Salah Shehadeh concluded that "the harsh incidental effects of the attack on Shehadeh ... retrospectively turned out to be disproportional under the given circumstances". In this article Ady Niv challanges this conclusion. read more

The Levy Report vs. International Law
by: Juan Pedro Schaerer
Date Published: November 2012
Type: Op-Ed
Ambassador Juan Pedro Schaerer, the head of ICRC delegation for Israel and the Occupied Territories, explains why the Edmond Levy Report is wrong when concluding that the West Bank is not an occupied territory. read more

By: Katja Knoechelmann
Date Published: October 2012
Type: Article
This paper deals with the legal paradox that arises in international riot control regulations. While it is permitted to use chemical riot control agents in times of peace, it is mostly prohibited during times of armed conflict. This, the author believes, runs contrary to the logic that armed conflict situations classify as emergency situations in which certain rights and comforts of the population may be suspended temporarily. Several case studies are given to explain different countries acting in this legal paradox. read more

By: Eitan Diamon, Adv.
Date Published: March 2012
Type: Op-Ed
Due to the expansion of urban spaces as well as changes in methods and means of warfare, the focus of combat in contemporary armed conflicts is continually shifting from the field to the city. Eitan Diamond discusses two questions: (1) To what extent, if at all, is an army required to risk its own personnel in order to spare the lives of civilians in enemy-controlled territory? (2) What methods and means of warfare may be used in populated areas? read more

By: Dr. Hilly Moodrick-Even Khen
Date Published: May 2011
Type: Op-Ed
During the last decades, international criminal law has been developing through the unification of states around concepts of universal justice, mainly in order to frustrate international core crimes and to deter their perpetrators. However, the unification of states around what can be described as international criminal norms or international criminal justice is opposed to state sovereignty. one of the major expressions of this tension is the application of the double jeopardy principle in inter-state cases. Dr. Moodrick-Even Khen proposes guidelines for a unified concept of double jeopardy. read more

Why Bother?
By: Keren Michaeli
Date Published: February 2011
Type: Op-Ed
Following the publication of the sentence of the Military Court of the two IDF soldiers for three months probation for their conducts during "Operation Cast Lead", Keren Michaeli raises doubts on the ability of the military to judge its soldiers for violations of International Humanitarian Law. read more