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Israel Law Review

A journal of human rights, public and international law

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Published on behalf of The Minerva Center for Human Rights

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A. General

1. Editorial Policy

The Israel Law Review (IsrLR) – published under the auspices and management of the Minerva Center for Human Rights at the Law Faculty of the Hebrew University of Jerusalem – is the oldest and most acclaimed Israeli law journal published in English.

Established in 1966, the Israel Law Review has become a leading publication in the field of human rights, public law and international law, focusing on the application of law in times of tension and conflict and, at the same time, highlighting the relevance of the Israeli experience in these areas to other societies and other parts of the world.

2. Submissions

(a) Submissions should be prepared in editable electronic word-processing format (MS Word) and submitted via the Review’s electronic submission platform on ScholarOne.

(b) Consideration will normally be given only to original material that has not previously been published. Authors are asked to indicate clearly with their submission if this is the case.

(c) Submissions should be written in good English. Authors, particularly those whose first language is not English, may wish to have their English-language manuscripts checked by a native speaker before submission. This is optional, but may help to ensure that the academic content of the paper is fully understood by the editor and any reviewers. We list a number of third-party services specialising in language editing and/or translation, and suggest that authors contact as appropriate: https://www.cambridge.org/academic/author-services/

Please note that the use of any of these services is voluntary, and at the author's own expense. Use of these services does not guarantee that the manuscript will be accepted for publication, nor does it restrict the author to submitting to a Cambridge published journal.

(d) Article submissions should:

normally be in the range of 8,000 to 15,000 words (including footnotes), although shorter or longer submissions may be accepted where appropriate;
contain a full title and, references in footnote form.
include an abstract of a maximum of 200 words, which should not include any citations, references or footnotes;
include up to five key words or phrases; and
in a separate document:

- the full title of the manuscript;
- full names, academic rank and current institutional affiliation (including country) for all authors in the order in which their names should appear;
- full contact details;
- competing interest statements for all authors; and
- any acknowledgements and the author’s email address to be included in the introductory footnote on the opening page.

(e) The Israel Law Review welcomes reviews of books covering the Review’s areas of focus. Book reviews are subject to our standard review procedure. The Israel Law Review publishes book reviews of two types: shorter reviews which provide the reader with an overview of the general content, scope and overall quality of the text; and review essays (3,000 to 10,000 words), which place the reviewed text within the field of law addressed by the author and provide deeper analysis of the underlying assumptions or theories proposed in the text. If you are interested in reviewing a book, please send an email with a brief description of your professional background and interest in reviewing the book to the academic editor of the Review, at [email protected]. Please also attach a CV.

(f) Authors are asked to follow the points of style and rules of citation set out in sections B and C below.

(g) Charges apply for all colour figures that appear in the print version of the Review. At the time of submission, contributors should state clearly whether their figures should appear in colour in the online version only, or whether they should appear in colour online and in the print version. There is no charge for including colour figures in the online version of the Review but it must be clear that colour is needed to enhance the meaning of the figure, rather than simply being for aesthetic purposes. If you request colour figures in the printed version, you will be contacted by CCC-Rightslink, who are acting on our behalf to collect Author Charges. Please follow their instructions in order to avoid any delay in the publication of your article.

(h) All authors must include a competing interest declaration in their title page. This declaration will be subject to editorial review and may be published in the article. Competing interests are situations that could be perceived to exert an undue influence on the content or publication of an author’s work. They may include, but are not limited to, financial, professional, contractual or personal relationships or situations. If the manuscript has multiple authors, the author submitting must include competing interest declarations relevant to all contributing authors.

Example wording for a declaration is as follows: “Competing interests: Author A is employed at company B. Author C owns shares in company D, is on the Board of company E and is a member of organisation F. Author G has received grants from company H.” If no competing interests exist, the declaration should state “Competing interests: The author(s) declare none”.

3. Procedure

(a) To be considered for publication and submitted to the review procedure, submissions should be within the scope of the Review as described above, and contribute specifically to scholarly discussions in the fields of human rights, public law and/or international law. An invitation to submit a contribution to the Israel Law Review is not a guarantee that it will be published.

(b) The Israel Law Review is a peer-reviewed journal, working with a double blind review procedure. Submissions are evaluated by an editorial board team headed by the Academic Editor, and by two anonymous external expert referees. Decisions on submissions are taken in consultation with the Editors-in-Chief. We aim to give notification of acceptance, rejection or need for revision within eight weeks of receipt of the submission, although exceptions to this timeframe may occur.

(c) Accepted contributions will be scheduled for publication both in print and online. To reduce time between acceptance and print publication, they will appear online as FirstView publications in advance of their scheduled appearance in print. Generally, contributions will be published online as soon as possible following receipt of final corrections from the authors.

(d) On acceptance of the submission the contributor will be asked to complete an exclusive licence to publish form, to give Cambridge University Press and the Faculty of Law at the Hebrew University of Jerusalem the licence to publish their contribution.

(e) Authors may post an abstract of accepted contributions on the Social Science Research Network (SSRN) provided the abstract is accompanied by a prominent statement that the full contribution appears in the Israel Law Review published by Cambridge University Press and a copyright notice in the name of the Review’s copyright holder (Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem). Once the contribution is published, authors must provide full bibliographical details (volume: issue number (date), page numbers) and a link to the online edition of the Review on Cambridge Core.

(f) Contributors are responsible for obtaining permission to reproduce any materials (including photographs, illustrations, and other graphic representations) for which they do not hold copyright in both print and electronic formats, and for ensuring that the appropriate acknowledgements are included in the manuscript.

4. Contact

All enquiries and other correspondence related to the Israel Law Review should be addressed to:

Professor Yaël Ronen, Academic Editor
[email protected]

B. Instructions for manuscript preparation and submission

1. General

(a) Given that the Israel Law Review operates a double blind review procedure, all submissions should aim to exclude anything that may explicitly or implicitly identify the author(s). This means that all potentially identifying information – such as acknowledgements, websites, names of colleagues or institutions – should be omitted from the manuscript at the submission stage.

(b) The text should be in 1.5 line spacing in a font no smaller than 12 points, with pages numbered consecutively.

2. Main text

(a) Style

The Israel Law Review is based on the Oxford University Standard for Citation of Legal Authorities (OSCOLA) with some minor modifications; it therefore adopts the UK style of grammar, spelling and date structure, as summarised below.

In the event of a conflict between this house style and OSCOLA, this house style is to be followed.

(b) Gender-neutral language

Text should be drafted, to the extent possible, in gender-neutral language – for example, by the use of the plural form. Avoid using ‘he’ and ‘she’ interchangeably, or ‘s/he’.

(c) Headings and subsections

Levels of headings and sub-headings should be indicated as follows:

1. UN PEACEKEEPING OPERATIONS

1.1. Introduction

1.1.1. Kosovo

(d) Abbreviations

Abbreviations and acronyms should be spelt out on first use with the abbreviation in parentheses (for example, ‘World Health Organization (WHO)’). Do not use an abbreviation if the name in question is only mentioned a few times – always give it in full.
Acronyms and contractions ending with the same letter as the original word (Mr, Dr, St) do not take full stops.
In case citations the ‘v’ does not have a full stop.
The abbreviations ‘eg’, ‘ie’ and ‘etc’ may be used in footnotes (without full stops) but use ‘for example’, ‘that is’, and ‘and so on’ in the main text.
Terms such as ‘Article’, ‘Resolution’, ‘paragraph’, and ‘Declaration’ should not be abbreviated in the main text, but should be abbreviated in footnotes (see section B.3 below). ‘Directive’ and ‘Regulation’, as used in EU legislation, should never be abbreviated.

(e) Capitalisation

Capital letters at the start of a word (referred to as ‘initial capitals’) are used to distinguish the specific from the generic – for example, ‘she is Professor of Law at Cambridge University’ but ‘she is a professor at a university’. Authors should avoid using initial capitals as their overuse can reduce the significance of words that should be capitalised and spoil the appearance of the printed page.
Thus, when used generically, terms such as the following should not be capitalised:

– state, state parties, members, member states, contracting parties, convention, treaty, etc;
– prosecutor, prosecution, defence, defendant, accused, applicant, respondent, judge, justice, etc.

Terms such as the following should always be capitalised:

– Article, Chapter, etc – when followed by a number;
– Treaty, Convention, Draft, Regulation, Resolution, etc – when referring to a specific text.

(f) Hyphenation

Hyphens should be used only where their absence may lead to confusion or ambiguity: for example, recreation but re-creation.
A hyphen should never be used to join an adverb ending in ‘ly’ with another word.

(g) Italics

Italics should be used sparingly. The following should be italicised in the main text:

– case names (including the ‘v’) and all related Latin phrases (re, ex parte);
– words or phrases being emphasised;
– non-English words and phrases which are not in common use;
– names of ships (but not the prefix) (RMS Titanic).

Many Latin terms are now considered to be in common legal or daily English usage and, therefore, should not be italicised. These include terms such as: ad hoc, a fortiori, a priori, de facto, de jure, inter alia, lacuna(e), obiter dictum/dicta, per annum, per capita, per se, ratio decidendi, stare decisis, status quo, ultra vires. The list is not exhaustive and, as a general rule, authors should follow the italicisation given in the New Oxford Dictionary for Writers and Editors. If authors do not have access to this publication, this aspect will be finalised by the copy-editor. Less frequently used terms and longer phrases should be italicised: for example, mutatis mutandis, pacta sunt servanda, lex specialis, opinio juris.

(h) Numerals and dates

Numbers up to ten should be written out in full unless accompanied by units of measurement or ‘per cent’. Numbers over ten should appear in figures, unless used in general or estimated terms (for example, about a hundred delegates).
A sentence should not start with a numeral; it should be spelt out: ‘Sixty years earlier’.
Use the day | month | year format: 11 September 2001.
Decades Always use ‘1960s’, not ‘sixties’ or ‘60s’.
Centuries are spelt out: mid-nineteenth century, twenty-first century.

(i) Punctuation

Single quotation marks should be used, with double quotation marks for quotes within quotes.
Punctuation should follow closing quotation marks.
In line with OSCOLA, punctuation should be used as little as possible, but commas should be inserted to separate items that may otherwise run together and cause confusion, such as runs of numbers.

(j) Quotations

Quotations of 40 or more words should be indented left and right without quotation marks. Any quotation marks within the indented block should be single quotes. Quotations of fewer than 40 words should be in single quotation marks and incorporated within the main text.
Quotations should always be supported by a footnote with a reference. The text marker for this reference should be placed in an appropriate spot in the main text rather than at the end of the quotation.
Style

– Retain the original style (use of capital letters, spelling, italic, etc) of the quotation, even if it conflicts with the house style in this guide.
– Any changes made to quoted text should appear between square brackets.
– Insert an ellipsis – ‘...’ – to indicate omissions within the quoted text.
– Use sic between square brackets to signify obvious mistakes in the quoted text.
– Emphasis to part of the quoted text should be made in italic, and ‘(emphasis added)’ should be added to the footnote.

Non-English sources A reference in a language other than English should have ‘(in [language])’ after the citation before the closing punctuation mark.

(k) Spelling and miscellaneous

Please note that the following should be used:

– -ise endings
– ‘jus’, not ‘ius’ (except where the latter is given in a quotation or title of reference)
– First World War, Second World War (not World War I, World War II)
– Ha’aretz (ie with apostrophe)

3. Footnotes

(a) General

The house style of citation uses the minimum of initial capitalisation and punctuation.
For sources and materials not specifically covered by this style guide, please use the general principles summarised below.
If the name of the case is given in the text, it is not necessary to repeat it in the footnote – just the citation.

(b) Cross-references and subsequent citations

The first reference to any source must be given in full (for format see ‘Rules for citation’, section C below), with a shortened name in brackets where appropriate.

Examples:

Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to

the Protection of Victims of International Armed Conflicts (entered into force

7 December 1978) 1125 UNTS 3 (AP I).

Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion [1996] ICJ Rep 226

(Nuclear Weapons).

Cases, authorities and secondary sources cited elsewhere in the contribution should be referred to by using a shortened version of the reference, and provide a cross-reference in brackets to the earlier footnote containing the full citation (eg AP I (n 17)).
If the source is a case with a lengthy name, a shortened form of the case name should be used (eg Nuclear Weapons (n 27)). For a book or article, the author’s surname is sufficient. If several works by the same author are contained in the first-cited reference, give the surname and year of the work or, if there is more than one source of the same year, give the title of the work (shortened if necessary).
Where three authors are cited give all three names; for four or more name only the first author, followed by ‘and others’.
Use ‘n’ or ‘nn’ when referring to other footnotes within the article. When referencing a footnote from an external source, use ‘fn’.
Do not use page numbers for references within the article, as they will change when the issue is typeset. Refer to the section number or footnote marker (eg ‘text to n 94’).
Avoid the use of Latin terms such as supra, infra, ante, idem (id.), op. cit., loc. cit., contra. Use ‘ibid’ (short for ibidem, meaning ‘in the same place’) to repeat a citation in the immediately preceding footnote. The abbreviation ‘cf’ means ‘compare’ – not ‘see’. Neither ‘ibid’ nor ‘cf’ should be italicised or capitalised, even at the beginning of a footnote.

Examples:

1 Falk (n 17) 86.
10 Western Sahara (n 21) 12.
11 ibid 16.
24 cf text at n 10.
35 See also text at nn 35–37.
56 See nn 12–15 and accompanying text. See, eg, cases cited at n 24.

(c) Footnote markers

Footnote indicators in the form of superscript numbers should follow any punctuation unless the reference relates to text within brackets, when the symbol should be placed before the closing bracket.

(d) Number spans

For number ranges between 10 and 20, use both figures separated by an en-dash: 12–18. Thereafter use as few figures as possible, but retain at least two for the final number: 136–39, 1453–55, 1453–517.

(e) Page references

Do not use ‘p’ or ‘pp’. Use only the page number or span.
Only use ‘at’ if the page number may be confused with another part of the citation.

(f) Abbreviations

The following should be abbreviated in footnotes:

Case names

Attorney General A-G
Company Co
Incorporated Inc
Limited Ltd

Words/phrases in footnotes

article/articles art/arts
Chapter/Chapters Ch/Chs
clause/clauses cl/cls
column/columns col/cols
edition edn
editor/editors ed/eds
and following ff
footnote(s) (internal to the work) n/nn
footnote(s) (external to the work) fn/fns
number/numbers (of a Report etc) No/Nos
paragraph/paragraphs para/paras
part/parts pt/pts
regulation/regulations reg/regs
Resolution(s) Res
rule/rules r/rr
schedule/schedules sch/schs
section/sections s/ss
subsection/subsections sub-s/sub-ss
subparagraph/subparagraphs subpara/subparas
supplement/supplements supp/supps
that is ie
translator/translators tr/trs
volume/volumes Vol/Vols

C. Rules of citation

For case law, sources and materials not specifically covered by this house style please use the house style general principles (notably minimal use of initial capitalisation and punctuation) as summarised below.

1. Case law

Every citation of a decision of an international tribunal should begin with the abbreviated name of the tribunal.
If a decision has not yet been reported, cite the full name of the case followed by the court (abbreviated) and date of judgment.
If a judgment has numbered paragraphs, refer to particular paragraphs for pinpointing rather than page numbers – do not include both.

The paragraph number should either be enclosed in square brackets (as in the case of the International Court of Justice and United Kingdom courts) or follow the word ‘para’ (applicable to all other courts).

If square brackets are used to refer to more than one paragraph, each paragraph number should be surrounded by square brackets and be separated by a comma (eg [137], [140]). When citing spans of paragraphs, insert an en-dash between the first and last paragraph being cited (eg [137]–[140]).

Where a term such as ‘Plonit’ or ‘Ploni’ or ‘John/Jane Doe’ appears in a case name (for reasons of confidentiality), this should be replaced by ‘X’ and ‘Y’.

(a) International Court of Justice

Published case law:

Unpublished case law:

Examples

ICJ, Arrest Warrant of 11 April 2000 (Democratic Republic of Congo v Belgium), Judgment [2002] ICJ Rep 3, separate opinion of Judges Higgins, Kooijmans and Buergenthal, [75].

ICJ, Barcelona Traction, Light and Power Co Ltd (Belgium v Spain), Second Phase, Judgment [1970] ICJ Rep 3, [33]–[35].

ICJ, Cameroon v Nigeria, Provisional Measures [1996] ICJ Rep 13, [39], [42].

ICJ, Certain Phosphate Lands in Nauru (Nauru v Australia), Preliminary Objections, Judgment [1992] ICJ Rep 240.

ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion [2004] ICJ Rep 136, dissenting opinion of Judge Shahabuddeen, [34].

ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion [1966] ICJ Rep 226.

ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), Jurisdiction and Admissibility, Judgment [1984] ICJ Rep 500.

ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US) Merits, Judgment [1986] ICJ Rep 14.

(b) Permanent Court of International Justice

PCIJ, Full case name, | Type of decision | (year) PCIJ Rep | (series, case number) | specific page ref

Examples

PCIJ, Danzig Railway Officials, Advisory Opinion (1928) PCIJ Rep (Ser B, No 15).

PCIJ, Factory at Chorzów (Germany v Poland), Jurisdiction (1927) PCIJ Rep (Ser A, No 9) 31.

PCIJ, SS Lotus case (France v Turkey) (1927) PCIJ Rep (Ser A, No 10) 28.

(c) International Criminal Tribunals

Examples

International Criminal Tribunal for the former Yugoslavia

ICTY, Prosecutor v Milošević, Decision on Preliminary Motions, IT-02-54-PT, Pre-Trial Chamber, 8 November 2001.

ICTY, Prosecutor v Erdemović, Judgment, IT-96-22-A, Appeals Chamber, 7 October 1997, dissenting opinion of Judge Cassese, para 3.

ICTY, Prosecutor v Tadić, Judgment, IT-94-1-A, Appeals Chamber, 15 July 1999, para 52.

International Criminal Tribunal for Rwanda

ICTR, Prosecutor v Gacumbtsi, Judgment, ICTR-2000-64-T, Trial Chamber III, 17 June 2004, para 36.

International Criminal Court

ICC, Prosecutor v Bemba, Decision on the Evidence Disclosure System and Setting a Timetable for Disclosure between the Parties, ICC-01/05-01/08-424, Pre-Trial Chamber, 31 July 2008, para 14.

ICC, Prosecutor v Germain Katanga and Mathieu Ngudjolo Chui, Judgment on the Appeal of Germain Katanga against the Oral Decision of Trial Chamber II of 12 June 2009 on the Admissibility of the Case, ICC-01/04-01/07-OA8, Appeals Chamber, 25 September 2009.

ICC, Decision pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Republic of Côte d’Ivoire, ICC-02/11-14, Pre-Trial Chamber, 15 November 2011, [179]–[180].

(d) European Court of Human Rights

ECtHR, Name v Name, | App no XXXX/XX, | date of relevant proceeding, | para pinpoint (if any)

ECtHR, Akdaş v Turkey, App no 41056/04, 16 February 2010, para 27.

ECtHR, Alekseyev v Russia, App Nos 4916/07, 25924/08 and 14599/09, 21 October 2010.

(e) Inter-American Court of Human Rights

IACtHR | Case of name v name, | Judgment [or other type of proceeding] of [date], | (Ser [X] No [X], | para pinpoint (if any)

IACtHR, Case of Radilla-Pacheco v Mexico, Judgment of 23 November 2009, (Ser C) No 209, para 339.

(f) Court of Justice of the European Union

Examples

CJEU, Case C-176/03 Commission v Council, Judgment, 13 September 2005,

ECLI:EU:C:2005:542, para 15.

CJEU, Joined Cases C-203/15 and C-698/15 Tele2 Sverige AB v Post-och telestyrelsen and

Secretary of State for the Home Department v Watson and Others, Opinion of Advocate

General Saugmandsgaard Øe, 19 July 2016, ECLI:EU:C:2016:572, para 253.

(g) National courts

Authors should follow as far as possible the official style of the national tribunal where this is known, but with minimal punctuation, in accordance with the examples below. If the identity of the court is not obvious from the name of the law report or the context, this should be added in abbreviated form at the beginning of the citation.
Where the term ‘Plonit v Ploni’ (Israel) or ‘John Doe v Jane Doe’ (United States) appears in a case name (for reasons of confidentiality), this should be replaced by ‘X v Y’.
If a case from non-English jurisdiction has been published in ILDC, provide the ILDC citation.
If a case from a non-English jurisdiction has not been published in ILDC but an open source translation into English is available, provide an open-source URL.

Examples

Israel

Type of proceeding and case number | Party v Party , | date, | para pinpoint

Examples

HCJ 769/02 Public Committee Against Torture in Israel and Palestinian Society for the Protection

of Human Rights and the Environment v Israel and Others ILDC 597 (IL 2006) [2006] para 40.

HCJ 3246/17 Abu Tir v IDF Commander (11 June 2019), para 3.

Germany

BGH (Federal Court of Justice) NJW 1992, 1659 at 1672.

Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112, [42], [45].

Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336, [1]–[37].

R v Lord Chancellor, ex p Witham [1998] QB 575 (QB) – judicial review application before 2001

R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410 – judicial review application from 2001 onwards

United States v Smith 18 US (5 Wheat) 153 (1820), para 5.

Smith v Jones 32 JNI 369 (S Ct 1867).

Roe v Wade 410 US 113, 163–64 (1973).

Henningsen v Bloomfield Motors Inc 161A 2d 69 (NJ 1960).

Democratic Republic of Congo

Military Prosecutor v Kahwa Panga Mandro Ives and Others, Military Tribunal of Ituri District,

First Instance Decision, RP 039/3006, RMP 227/PEN/2006, 2 August 2006, 24.

2. Legislation

Legislation should be presented as it is cited in its own jurisdiction but without any full stops in abbreviations. An abbreviated version of the jurisdiction should be given in brackets unless the jurisdiction is apparent from the context.

Examples

Civil Tort Law (Liability of the State), 1952 (Israel), s 5(a).

Protection of Witnesses Law, 2008 (Israel), s 3.

Loi no 75-1349 de 31 décembre 1975 relative à l’emploi de la langue française (France).

1976 Standard Terms Act (Gesetz über Allgemeine Geschäftsbedingungen) (FRG).

Accident Compensation Act 1972 (NZ).

Human Rights Act 1998 (UK), s 2.

Americans with Disabilities Act, 42 U.S.C. § 12101 (2006) (US).

3. Treaties and other international instruments

Full title | (entered into force date) | reference | (abbreviation) if appropriate, | article number

References should be to UNTS or LNTS wherever possible.

Examples

Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (entered

into force 21 October 1950) 75 UNTS 287 (GC IV)

Hague Convention (IV) respecting the Laws and Customs of War on Land and its Annex:

Regulation concerning the Laws and Customs of War on Land (entered into force 26 January

1910) Martens Nouveau Recueil (ser 3) 461 (Hague IV)

International Covenant on Civil and Political Rights (entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

European Convention for the Protection of Human Rights and Fundamental Freedoms (entered

into force 3 September 1953) 213 UNTS 222 (ECHR).

Rome Statute of the International Criminal Court (entered into force 1 July 2002) 2187 UNTS 90

(ICC Statute OR Rome Statute), art 8(1).

United Nations

General Assembly and Security Council Resolutions

Resolution No | (date), | UN Doc No, | pinpoint ref

UNSC Res 1373 (28 September 2001), UN Doc S/RES/1373

UNGA Res 3314(XXIX) (14 December 1974)

Universal Declaration of Human Rights, UNGA Res 217A(III) (10 December 1948), UN Doc

A/810