Topic

The legality of targeted killings

Author/Academic

David Kretzmer

Viewpoint

Targeted killings like those of Osama bin Laden and other known terrorists do not necessarily contravene the right to life, nor do they constitute extrajudicial killings, because the targets are lawful combatants and they pose an imminent security threat.

Source

‘Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence’, 16 European Journal of International Law (2005) 171

Topic

Religious freedom and margin of appreciation

Author/Academic

Giulio Itzcovich

Viewpoint

The ECtHR in the second Lautsi case took the view that the permissibility of crucifixes in public places (Italy in the case at hand) was subject to the margin of appreciation. It is argued that the application of this doctrine is an easy escape for the ECtHR, leaving it little discretion. A human rights court without discretion in sensitive issues is untenable as an institution. The author argues that the margin of appreciation should be considered as a canon of interpretation or, alternatively, as a proportionality test.

Source

‘One, None and One Hundred Thousand Margins of Appreciations: The Lautsi Case’, 13 Human Rights Law Review (2013) 287