So even if some of the other 192 aid workers killed or the many others alleging civilian harm in Gaza during the conflict could have avoided the application of the narrow interpretation of the combatant activities exception, the additional amendments to the 1952 Civil Wrongs Act including the exclusion of claims for damages “sustained in a conflict zone due to an act performed by the security forces”; the exclusion of residents of Gaza via the designation of Gaza as enemy territory; and… [read post]

Haim Abraham, Queering the Reasonable Person, Chapter in Diverse Voices in Tort Law’ (Kirsty Horsey Ed., 2023 Forthcoming) Critical lenses, such as feminist and critical race theories, have been employed extensively to analyze the reasonable person standard theoretically and doctrinally,... [read post]

As readers of Lawfare know, a growing number of States believe that use of force in self-defense against a non-state actor on the territory of a third State, without the consent of that third State, may be lawful under international law if the non-state actor has undertaken an armed attack against the State and the third State is itself unwilling or unable to address the threat posed by the non-state actor. [read post]

Goldhirsh, Shimon Haber, Eliahu Ben Haim, Itzak Friedlander, Saul Kassin, Maher A. [read post]