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Military Criminal Responsibilities for Targeting Suspected Terrorists within (International) Armed Conflicts: Towards a Uniform Framework

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This article examines a new form of counterterrorism measures exercised by states namely preventative targeting of alleged terrorists. The analysis conducted in this article is based on a judgment of the Israeli Supreme court of 13 December 2006 where this issue was addressed in the context of an international armed conflict. The author critically assesses the various aspects of this judgment in view of contemporary principles of contemporary international (criminal) law. In particular, it focuses on the main question whether this form of counter terrorism complies with the underlying principle of Common Article 3 of the Geneva conventions, namely the requirement of "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."


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Affiliations: 1: Professor of International Criminal Law at Utrecht University, the Netherlands


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