International Law and Armed Conflict: Exploring the Faultlines docx

International Law and Armed Conflict:
Exploring the Faultlines
International Humanitarian Law Series
VOLUME 15
Editors-in-Chief
Professor Christopher Greenwood
Professor Timothy L.H. McCormack
Editorial Advisory Board
Professor Georges Abi-Saab
H.E. Judge George H. Aldrich
Madame Justice Louise Arbour
Professor Ove Bring
Professor Antonio Cassese
Professor John Dugard
Professor Dr. Horst Fischer
Dr. Hans-Peter Gasser
Professor Leslie C. Green
H.E. Judge Geza Herczegh
Professor Frits Kalshoven
Professor Ruth Lapidoth
Professor Gabrielle Kirk McDonald
H.E. Judge eodor Meron
Captain J. Ashley Roach
Professor Michael Schmitt
Professor Jiri Toman
e International Humanitarian Law Series is a series of monographs and edited vol-
umes which aims to promote scholarly analysis and discussion of both the theory and
practice of the international legal regulation of armed conflict.
e series explores substantive issues of International Humanitarian Law including,
– protection for victims of armed conflict and regulation of the means and methods

of warfare
– questions of application of the various legal regimes for the conduct of armed con-
flict
– issues relating to the implementation of International Humanitarian Law obliga-
tions
– national and international approaches to the enforcement of the law and
– the interactions between International Humanitarian Law and other related areas
of international law such as Human Rights, Refugee Law, Arms Control and
Disarmament Law, and International Criminal Law.
e titles in this series are listed at the end of this volume.

Professor Yoram Dinstein
International Law and Armed
Conflict: Exploring the Faultlines
Essays in Honour of Yoram Dinstein
edited by
Michael N. Schmitt and Jelena Pejic
LEIDEN • BOSTON
2007
:    
©  by Koninklijke Brill , Leiden, e Netherlands.
Koninklijke Brill  incorporates the imprints Brill, Hotei Publishers,  Publishers,
Martinus Nijhoff Publishers and .

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,
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Drive, Suite , Danvers  , .

Fees are subject to change.
Cover photo: Afghanistan, Khandahar. After a road bomb has destroyed an US Army
vehicule, troops are patrolling the area to look for clues.
© /, Teun Anthony
Printed and bound in e Netherlands.
Printed on acid-free paper.
A ... record for this book is available from the Library of Congress.
Table of Contents
Preface xi
Professor Yoram Dinstein; Curriculum Vitae xv
Professor Yoram Dinstein; List of Academic Publications xix
About the Contributors xxxiii
 A Revival of the Just War eory? 
Ivan Shearer
 Rethinking Collective Security 
omas Franck
 Topographies of Force 
Dino Kritsiotis
 Claims to Pre-emptive Uses of Force: Some Trends and
Projections and eir Implications for World Order 
W. Michael Reisman and Andrea Armstrong
 e Temporal Dimension of Self-Defense: Anticipation, Pre-
emption, Prevention and Immediacy 
Terry D. Gill
 Responding to Transnational Terrorism under the Jus ad
Bellum: A Normative Framework 
Michael N. Schmitt
 Is US Adherence to the Rule of Law in International Affairs
Feasible? 
John F. Murphy

 e Military Action in Iraq and International Law 
Ruth Wedgwood

viii Table of Contents
 Ius ad Bellum and Ius in Bello – e Separation between the
Legality of the Use of Force and Humanitarian Rules to Be
Respected in Warfare: Crucial or Outdated? 
Marco Sassòli
 
st
Century Conflict and International Humanitarian Law:
Status Quo or Change? 
Kenneth Watkin
 e Law of Weaponry – Is It Adequate? 
Bill Boothby
 “Combatants” – Substance or Semantics? 
Charles H.B. Garraway
 “Unlawful/Enemy Combatants:” Interpretations and
Consequences 
Jelena Pejic
 Ghosts in the Machine: Some Legal Issues Concerning US
Military Contractors in Iraq 
Avril McDonald
 Leaders, Courtiers and Command Responsibility in
Shakespeare 
eodor Meron
 Civilian Detentions in Iraq 
Andru E. Wall
 Transformative Military Occupation: Applying the Laws of
War and Human Rights 

Adam Roberts
 e Adequacy of International Humanitarian Law Rules on
Belligerent Occupation: To What Extent May Security Council
Resolution  Be Considered a Model for Adjustment? 
Rüdiger Wolfrum
 e Separation Fence in the International Court of Justice and
the High Court of Justice: Commonalities, Differences and
Specifics 
Fania Domb
ixTable of Contents
 “Benevolent” ird States in International Armed Conflicts:
e Myth of the Irrelevance of the Law of Neutrality 
Wolff Heintschel von Heinegg
Index 

Preface
On behalf of the contributors, we offer this Volume in friendship, respect and
admiration for Professor Yoram Dinstein. No-one familiar with his wide-ranging
work in the field can feel anything but awe for his contribution to the clarifica-
tion and development of international law. To us, Yoram has also been a selfless,
albeit – as anyone who knows him well understands – demanding, mentor, one
who has sharpened our understanding of, and ability to think critically about, the
law. Along with many others, we have also benefited over the years from his eru-
dition on a range of subjects well beyond international law.
Yoram Dinstein’s opus, while international in breadth and effect, is deeply
rooted in his beloved Israel. Born in Tel-Aviv in , he obtained his legal edu-
cation at the Hebrew University in Jerusalem (where he graduated summa cum
laude) and New York University. Professor Dinstein began his professional career
in Israel’s Foreign Service in which he served as Consul of Israel in New York
City and with Israel’s Permanent Mission to the United Nations. Even subse-

quent to becoming a full-time academic, Professor Dinstein represented his coun-
try in various international fora, ranging from the UN Commission on Human
Rights and the International Conferences of the Red Cross and Red Crescent
to Interpol. In -, he also served as Counsel in the Taba Arbitration with
Egypt.
It is as an educator and academic, however, that Professor Dinstein has left
an indelible mark. In Israel, he was Professor of International Law, Dean of the
Faculty of Law, Rector and President of Tel-Aviv University. While President,
he also chaired Israel’s Committee of Heads of Universities (VERA). Today, he
holds the title of Yanowicz Professor of Human Rights at Tel-Aviv University.
But Professor Dinstein’s influence extends far beyond the borders of Israel.
Indeed, his international academic and teaching engagements are too numer-
ous to be enumerated here. Suffice it to mention that he was twice appointed
the Charles H. Stockton Professor of International Law at the United States
Naval War College, was a Humboldt Fellow at the Max Planck Institute for
Comparative Public Law and International Law in Heidelberg, and has been a
Visiting Professor at the DePaul University in Chicago, the University of Toronto
and New York University. e University of Buenos Aires, the University of
Chile and the Hebrew Union College have conferred honorary doctorates on
xii Preface
him, while the National University of Mexico (UNAM) awarded him the title of
Distinguished Professor.
His career is also marked by service in the development and dissemination of
international law. Professor Dinstein serves as Vice-President of Israel’s national
branch of the International Law Association and of the Israeli United Nations
Association, as well as a member of the Council of the International Institute of
Humanitarian Law in San Remo, Italy. He has also been active in many interna-
tional research projects, including that which resulted in the San Remo Manual
on International Law Applicable to Armed Conflicts at Sea. Professor Dinstein pres-
ently directs an international experts’ group drafting a similar manual on air and

missile warfare.
In recognition of his contributions to the field of international law, in 
Professor Dinstein became a Member of the Institut de Droit International
(Institute of International Law), a group of the world’s leading international law-
yers elected by cooptation for life.
While Professor Dinstein has explored many issues of international law in
his scholarly research and writing, it may be said that the focal points of his work
have been the jus ad bellum and the jus in bello. e former regulates when force
may be used in international relations, whereas the latter governs how such force
may be used and extends protection to both persons who are not or no longer
participating in hostilities and to civilian objects. ese areas of public inter-
national law are central to the way in which the world is ordered, for they deal
– indirectly and directly – with questions of life and death.
Regrettably, the reasons wars are waged and the way in which they are con-
ducted are so closely linked to national interests, or skewed perceptions thereof,
that international law rules regulating force have too often been observed only in
the breach. Partly as a result, international law has been famously condemned as
existing only at the “vanishing point” of law. Professor Dinstein’s lasting contri-
bution to the field is that his writings on both the jus ad bellum and the jus in bello
effectively and definitively dispel that claim.
It is unimaginable that anyone addressing such matters could do so without
resorting to War, Aggression and Self-Defence, Professor Dinstein’s classic work
on the jus ad bellum (now in its fourth edition), e Conduct of Hostilities under
the Law of International Armed Conflict, his recently published study of the jus in
bello, or the Israel Yearbook on Human Rights, which he has edited for over three
decades. Indeed, it may be fairly said that a scholarly work in the area which con-
tains no “Dinstein cite” is, quite simply, incomplete. e logic, clarity and prac-
tical groundedness of his work, whether one accepts every tenet or not, make it
an unavoidable and timeless body of reflection and analysis for international law
scholars and practitioners alike.

is Volume honours Professor Dinstein by addressing both the jus ad
bellum and the jus in bello. As a result of recent events on the international scene,
no areas of international law are being debated today with greater fervor. New
xiiiPreface
prescriptive dilemmas, real or imagined, as well as old controversies repackaged
as new ones, have burst onto center stage in discourse about whether and how the
norms governing resort to force and armed conflict should be (re)ordered. us,
our aim with this Volume has been to explore the faultlines that lie both between
and within the jus ad bellum and the jus in bello.
A distinguished group of experts wholeheartedly agreed to express tribute
to Professor Dinstein by contributing to the Volume. We sincerely thank each of
them for their contribution. e authors include scholars and practitioners, a par-
ticularly appropriate combination in light of the intellectual depth and practical
impact of Yoram’s work. ey cut across generations, from recognized authorities
in international law to emerging thinkers, thereby reflecting the influence he has
exerted on the international law community for decades, and which he will surely
continue to exert in the time to come. It is a pleasure and an honour to commend
this book to Professor Dinstein’s, and others’, attention.
Jelena Pejic
Geneva
Michael N. Schmitt
Newport

Professor Yoram Dinstein
Curriculum Vitae
Place and Date of Birth: Tel-Aviv (Israel),  January 
Degrees: M.Jur. () Hebrew University, Jerusalem (summa
cum laude)
LL.M. () New York University
Dr.Jur. () Hebrew University, Jerusalem

Awards: Arlosoroff Prize ()
Andrei Sakharov Fellowship ()
Academic Activities:
- Assistant, Faculty of Law, Hebrew University, Jerusalem
- Lecturer in International Law, Faculty of Law, Hebrew
University, Jerusalem
- Director, Course in Legal Administration (for African
judges and lawyers), Faculty of Law, Hebrew University,
Jerusalem
- Senior Lecturer in International Law, Faculty of Law,
Tel-Aviv University
- Associate Professor of International Law, Faculty of
Law, Tel-Aviv University
- (Full) Professor of International Law, Faculty of Law,
Tel-Aviv University
- Visiting Professor, Faculty of Law, University of
Toronto
- Dean, Faculty of Law, Tel-Aviv University
Since  Yanowicz Professor of Human Rights, Tel-Aviv
University
- Rector, Tel-Aviv University
- Meltzer Visiting Professor, School of Law, New York
University
xvi CV Professor Yoram Dinstein
- Pro-Rector, Tel-Aviv University
 Distinguished Professor, Universidad Nacional
Autonoma de Mexico
- President, Tel-Aviv University
,  Chairman, Israel’s Committee of Heads of Universities
(VERA)

 Honorary Doctorate, University of Buenos Aires
 Honorary Doctorate, University of Chile
 Honorary Doctorate, Hebrew Union College
-, - Stockton Professor of International Law, US Naval War
College (Newport, RI)
- Humboldt Fellow, Max Planck Institute for
Comparative Public Law and International Law,
Heidelberg
 Professor Emeritus, Tel-Aviv University
Since  Project Director, International Humanitarian Law in
Air and Missile Warfare, Program on Humanitarian
Policy and Conflict Research, Harvard University
 Visiting Professor, Hague Academy of International
Law
Non-Academic Activities:
- Law Clerk, Supreme Court of Israel, Jerusalem
- Cadet, Israel Ministry of Foreign Affairs, Jerusalem
-, - Adviser, Permanent Mission of Israel to the United
Nations, New York
- Deputy Head, Office of the Director General, Israel
Ministry of Foreign Affairs, Jerusalem
, -, , Alternate Representative and Observer of Israel, UN
-,  Commission on Human Rights, New York and Geneva
,  Alternate Member and Observer of Israel, UN Sub-
Commission on Prevention of Discrimination and
Protection of Minorities, New York
,  Observer of Israel, UN Economic and Social Council,
Geneva and New York
Since  Member of the Israel Bar
- Alternate Representative of Israel, ird Committee,

UN General Assembly, New York
- Consul of Israel, New York
xviiCV Professor Yoram Dinstein
Since  Vice-President, Israel United Nations Association
- Chairman, Israel National Section, Amnesty
International
- Associate Member, Institut de Droit International
- Counsel for Israel, Taba Arbitration with Egypt
- Member, Executive Council, American Society of
International Law
Since  Member, Institut de Droit International
Since  Vice-President, Israel Branch, International Law
Association
Since  Member, Council, San Remo International Institute of
Humanitarian Law

Professor Yoram Dinstein
List of Academic Publications
I Books
. e Defence of ‘Obedience to Superior Orders’ in International Law,
(a) In English –
Leyden, Sijthoff, xvi +  pp. ().
(b) In Hebrew –
Jerusalem, Magnes Press,  pp. ().
. International Law and the State,
Tel-Aviv, Schocken,  pp. () (Hebrew).
. e Internal Powers of the State,
Tel-Aviv, Schocken,  pp. () (Hebrew).
. International Treaties,
Tel-Aviv, Schocken,  pp. () (Hebrew).

. International Claims,
Tel-Aviv, Schocken,  pp. () (Hebrew).
. Non-State International Law,
Tel-Aviv, Schocken,  pp. () (Hebrew).
. e Laws of War,
Tel-Aviv, Schocken,  pp. () (Hebrew).
. War, Aggression and Self-Defence,
First Edition – Cambridge, Grotius, xxx +  pp. ().
Second Edition – Cambridge University Press, xxxi +  pp. ().
ird Edition – Cambridge University Press, xxviii +  pp. ().
Portuguese translation, Manole (Brazil), xxxviii +  pp. ().
Fourth Edition – Cambridge University Press, xxv +  pp. ().
. e Conduct of Hostilities under the Law of International Armed Conflict,
Cambridge University Press, xx +  pp. ().
II Monographs
. Consular Immunity from Judicial Process, with Particular Reference to Israel,
Jerusalem, Institute for Legislative Research and Comparative Law, xiv + 
pp. ().
xx List of Academic Publications Professor Yoram Dinstein
. e Fundamentals of Law,
Tel Aviv, “University on the Air” Series,  pp. () (Hebrew).
Translated into Arabic by the Institute for Israeli Arab Studies ().
III Chief Editor
. Israel Yearbook on Human Rights,
Vols. - (-).
. Models of Autonomy,
New Brunswick/London, Transaction Books ().
. International Law at a Time of Perplexity (Essays in Honour of Shabtai
Rosenne),
Dordrecht/Boston/London, Nijhoff ().

. e Protection of Minorities and Human Rights,
Dordrecht/Boston/London, Nijhoff ().
. War Crimes in International Law,
e Hague/Boston/London, Nijhoff ().
IV Articles and Notes
. ‘e Responsibility of Foreign Consuls in Israel for Semi-Official Acts’,
 Hapraklit - () (Hebrew).
. ‘Diplomatic Immunity in England and in Israel’,
 Hapraklit - () (Hebrew).
. ‘Consular Immunity and Non-Consular Acts’,
 Hapraklit - () (Hebrew).
. ‘Diplomatic Immunity from Jurisdiction Ratione Materiae’,
 International and Comparative Law Quarterly - ().
. ‘Par in Parem Non Habet Imperium’,
 Israel Law Review - ().
. ‘Legal Aid to Developing Countries’,
 Israel Law Review - ().
. ‘e Hijacking of the El Al Plane: Piracy or Act of State?’,
 Hapraklit - () (Hebrew).
. ‘e Legal Balance of Force and Counter-Force in the Middle East
Today’,
 Hammarskjold Forum - ().
. ‘e Arab-Israeli Crisis: Legal Issues and Possible Solutions’,
 International Lawyer - ().
. ‘e Legal Issues of ‘Para-War’ and Peace in the Middle East’,
 St. John’s Law Review - ().
Reprinted New York Law Journal,  &  January ;
Also reprinted  e Arab-Israeli Conflict - (J.N. Moore ed., ).
xxiList of Academic Publications Professor Yoram Dinstein
. ‘International Law: Law or Fantasy?’,

 Hapraklit - () (Hebrew).
. ‘Zion Shall Be Redeemed in International Law’,
 Hapraklit -, -, - () (Hebrew).
. ‘On International Law in a Continuum’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Criminal Jurisdiction: Limits and Limitations’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e Domestic Jurisdiction of the State under International Law’,
 Hapraklit - () (Hebrew).
. ‘United Nations’,
 Encyclopaedia Judaica - ().
Reprinted  e Arab-Israeli Conflict - (J.N. Moore ed., );
One-volume ed., - ().
. ‘Human Rights: e Quest for Concretization’,
 Israel Yearbook on Human Rights - ().
. ‘Oil Pollution by Ships and Freedom of the High Seas’,
 Journal of Maritime Law and Commerce - ().
Reprinted  Acta Scandinavica Juris Gentium - ().
. ‘Criminal Jurisdiction over Aircraft Hijacking’,
 Israel Law Review - ().
. ‘What Is an International Treaty?’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e Legislative Power in the Administered Territories’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e Amendment to the Foreign Offences Act’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Extradition in International Law’,
 Criminology, Criminal Law and Police - () (Hebrew).
. ‘e International Human Rights of Soviet Jewry’,
(a) In English –

 Israel Yearbook on Human Rights - ().
Reprinted Essays on Human Rights - (D. Sidorsky ed., ).
(b) In Spanish –
Los Derechos Humanos Internacionales de los Judios Sovieticos,
Coleccion Contemporanea, Mexico ().
(c) In Hebrew –
 Shvut - ().
. ‘Judicial Review of the Acts of the Military Government in the Administered
Territories’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Human Rights in Israel’,
 Tel-Aviv University Law Review - () (Hebrew).
xxii List of Academic Publications Professor Yoram Dinstein
. ‘A Survey of Self-Defense in International Law’,
 A Treatise on International Criminal Law - (M.C. Bassiouni & V.P.
Nanda eds., ).
. ‘Terrorism and Wars of National Liberation Applied to the Arab-Israeli
Conflict: An Israeli Perspective’,
 Israel Yearbook on Human Rights - ().
Reprinted International Terrorism and Political Crimes - (M.C. Bassiouni
ed., ).
. ‘Another Step in Codifying the Laws of War’,
 Year Book of World Affairs - ().
. ‘Freedom of Emigration and Soviet Jewry’,
(a) In English –
 Israel Yearbook on Human Rights - ().
Reprinted  Soviet Jewish Affairs - ().
(b) In French –
‘La Liberté d’Emigration et les Juifs Soviétiques’,
Conférence Internationale de Juristes sur le Statut des Juifs Soviétiques et la

Primauté du Droit - ().
. ‘e Judgment in the Pithat Rafiah Case’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e Specialty Principle in Extradition’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e European Convention on Human Rights from an Israeli Perspective’,
 Human Rights Journal - ().
. ‘International Criminal Law’,
 Israel Yearbook on Human Rights - ().
Revised and Updated  Israel Law Review - ().
. ‘Collective Human Rights of Peoples and Minorities’,
 International and Comparative Law Quarterly - ().
. ‘e International Law of Civil Wars and Human Rights’,
 Israel Yearbook on Human Rights - ().
. ‘e International Law of Inter-State Wars and Human Rights’,
 Israel Yearbook on Human Rights - ().
. ‘Derogation from International Human Rights’,
Menschenrechte in Israel und Deutschland - (G. Stein ed., ).
. ‘e International Law of Belligerent Occupation and Human Rights’,
 Israel Yearbook on Human Rights - ().
. ‘Demilitarization’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Settlements and Deportations in the Administered Territories’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Science, Technology and Human Rights’,
 Dalhousie Law Journal - ().
xxiiiList of Academic Publications Professor Yoram Dinstein
. ‘e New Geneva Protocols: A Step Forward or Backward?’,
 Year Book of World Affairs - ().
. ‘Cultural Rights’,

 Israel Yearbook on Human Rights - ().
Reprinted Les Droits de l’Homme, Droits Collectifs ou Droits Individuels -
 ().
. ‘Self-Determination and the Middle East Conflict’,
Self-Determination: National, Regional and Global Dimensions - (Y.
Alexander & R.A. Friedlander eds., ).
. ‘International Guarantees and the Middle East Conflict’,
(a) In English –
e Middle East and the United States - (H. Shaked & I.
Rabinovich eds., ).
(b) In Hebrew –
Translation of this book, - ().
. ‘e Laws of War at Sea’,
 Israel Yearbook on Human Rights - ().
. ‘e Expulsion of Mayors from Judea’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Terrorism and Human Rights’,
Festschrift in Honor of Dr. George S. Wise - ().
. ‘Autonomy’,
Models of Autonomy - (Y. Dinstein ed., ).
. ‘e Right to Life, Physical Integrity, and Liberty’,
e International Bill of Human Rights: e Covenant on Civil and Political
Rights -, - (L. Henkin ed., ).
. ‘e Laws of War in the Air’,
 Israel Yearbook on Human Rights - ().
. ‘Comment on Interstate Armed Conflict’,
 American University Law Review - ().
. (a) ‘e Parliamentary Foreign Affairs Committee in Israel’,
Parliamentary Foreign Affairs Committees: e National Setting - (A.
Cassese ed., ).

(b) ‘Discussion’
e Impact of Foreign Affairs Committees on Foreign Policy -, - (A.
Cassese ed., ).
. Items in Encyclopedia of Public International Law (R. Bernhardt ed., ):
vol. 
(a) ‘Armistice’, pp. -.
(b) ‘Booty in Land Warfare’, pp. -.
(c) ‘Flag of Truce’, pp. -.
(d) ‘Military Necessity’, pp. -.
xxiv List of Academic Publications Professor Yoram Dinstein
vol. 
(e) ‘Neutrality in Sea Warfare’, pp. -.
(f) ‘Prisoners of War’, pp. -.
(g) ‘Sea Warfare’, pp. -.
(h) ‘Warfare, Methods and Means’, pp. -.
. ‘Refugees and the Law of Armed Conflict’,
 Israel Yearbook on Human Rights - ().
. ‘e Laws of Land Warfare’,
 Israel Yearbook on Human Rights - ().
. ‘Human Rights in Armed Conflict: International Humanitarian Law’,
 Human Rights in International Law: Legal and Policy Issues - (T.
Meron ed., ).
. ‘e Release of Prisoners of War’,
Studies and Essays on International Humanitarian Law and Red Cross
Principles in Honour of Jean Pictet - (C. Swinarski ed., ).
. ‘Comments on Fourth Interim Report of the ILA Committee on
International Terrorism’ (),
 Terrorism - ().
. ‘A Realistic Approach to International Law’,
e Spirit of Uppsala - (A. Grahl-Madsen & J. Toman eds., ).

. ‘e Laws of Neutrality’,
(a) In English –
 Israel Yearbook on Human Rights - ().
(b) In Spanish –
Las Leyes de la Neutralidad,
 Anuario Mexicano de Relaciones Internacionales - ().
. ‘Value Added Tax in the Administered Territories’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘e Maintenance of Public Order and Life in the Administered
Territories’,
 Tel-Aviv University Law Review - () (Hebrew).
. ‘Discrimination and International Human Rights’,
 Israel Yearbook on Human Rights - ().
. ‘e Interaction of International Law and Justice’,
 Israel Yearbook on Human Rights - ().
. ‘International Law as a Primitive Legal System’,
 New York University Journal of International Law and Politics - (-
).
. ‘e International Legal Response to Terrorism’,
 International Law at the Time of Its Codification - (Essays in Honour
of Roberto Ago, ).
. ‘Anti-Semitism, Anti-Zionism and the United Nations’,
 Israel Yearbook on Human Rights - ().