View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Michigan School of Law Michigan Journal of International Law Volume 39 Issue 2 2018 Targeting the Targeted Killings Case - International Lawmaking in Domestic Contexts Yahli Shereshevsky Hebrew University of Jerusalem Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, International Humanitarian Law Commons, and the Military, War, and Peace Commons Recommended Citation Yahli Shereshevsky, Targeting the Targeted Killings Case - International Lawmaking in Domestic Contexts, 39 MICH. J. INT'L L. 241 (2018). Available at: https://repository.law.umich.edu/mjil/vol39/iss2/4 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. TARGETING THE TARGETED KILLINGS CASE – INTERNATIONAL LAWMAKING IN DOMESTIC CONTEXTS Yahli Shereshevsky* INTRODUCTION ................................................. 242 I. THE DEBATE OVER TARGETED KILLINGS ............... 244 A. Three Main Controversies in the International Law Debate over Targeted Killings ....................... 244 B. Targeted Killings in Israel: From the Targeted Killings Case to the 2014 Gaza Conflict ............. 247 1. The Targeted Killings Case ..................... 247 2. The 2014 Gaza Conflict Report ................. 249 II. THREE COMPLEMENTARY EXPLANATIONS FOR THE ADOPTION OF THE FORMAL MEMBERSHIP APPROACH: JUDICIAL DEFERENCE, THE U.S. LEGAL POSITION AND THE INTERPRETIVE COMMUNITY OF MILITARY LAWYERS, AND A PRESSING NEED ................................