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ISRAEL LAW REVIEW

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.

Since its establishment in 1966 is 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) To be considered for publication and submitted to the review procedure, submissions should be within the scope of the Journal, as described above. A request to submit a contribution to the Israel Law Review is not a guarantee that it will be published.

(b) Consideration will normally be given only to original material that has not previously been published, although in exceptional cases we will consider material that is currently under review elsewhere. 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: 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) Text should be drafted, to the extent possible, in gender-neutral language – for example, by the use of the plural form. Avoid specifying a single gender, using ‘he’ and ‘she’ interchangeably, or ‘s/he’.

(e) Article submissions should:

contribute specifically to scholarly discussions in the fields of human rights, public law and/or international law;

normally be in the range of 8,000 to 15,000 words (including footnotes), although longer submissions may be accepted where appropriate;

include an abstract of a maximum of 200 words, which should not include any citations, references or footnotes;

include up to five key words; and

contain a full title, references in footnote form, and, in a separate document (please see section B.1(b) below) the names, affiliations and email address of the author(s).

(f) The Israel Law Review welcomes reviews of books covering the Journal’s areas of focus. Book reviews are subject to our standard review procedure. We do not send books to unsolicited reviewers. 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 (3,000-10,000 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, whether on our list of books for review or otherwise, please send an email with a brief description of your professional background and interest in reviewing the book to the academic editor of the journal, at yael.ronen@mail.huji.ac.il. Please also attach a CV.

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

(h) Charges apply for all colour figures that appear in the print version of the journal. At the time of submission, contributors should clearly state 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 Journal 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.

(i) Submissions should be prepared in editable electronic word-processing format (MS Word) and emailed to:

Professor Yaël Ronen, Academic Editor
ilr@savion.huji.ac.il

3. Procedure

(a) 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.

(b) Our evaluation process takes account of several criteria. While excellence is a necessary condition for publication, it is not always the only condition. The final decision may be influenced by such matters as the need for a balance of topics, the Journal’s particular areas of interest, which may change over time, and the fact that an article discussing a similar topic has already been commissioned. A rejection does not necessarily reflect upon the quality of a piece.

(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 on receipt of final corrections from the authors.

(d) On acceptance of the submission the contributor will be asked to assign copyright jointly to Cambridge University Press and the Faculty of Law at the Hebrew University of Jerusalem.

(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 Journal’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 Journal at 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.

(g) References are verified by the Israel Law Review editorial team and authors will be asked to provide any references that cannot be located by the team. This may be particularly relevant for sources in languages other than English or Hebrew.

4. Proofs and offprints

(a) Articles will be copy-edited. The Journal reserves the right to withdraw an offer of publication should an author fail to assist the editorial team throughout the editorial process.

(b) Each author will receive by email a proof in PDF format for final proof reading. Please note that only typographical or factual errors may be changed at proof stage. The publisher reserves the right to charge authors for excessive correction of non-typographical errors.

(c) The proofs should be checked and any corrections returned within three days of receipt. Authors are strongly advised to read their proofs thoroughly because any errors not picked up may appear in the final published paper. This is the only opportunity to correct the proof. Once published, either online or in print, no further changes can be made.

5. Open Access

Please visit www.cambridge.org/core/services/open-access-policies for information on our open access policies, compliance with major funding bodies, and guidelines on depositing your manuscript in an institutional repository.

6. Contact

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

Professor Yaël Ronen, Academic Editor
ilr@savion.huji.ac.il

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) A title page, as a separate document, should be provided with the following information:

the full title of the manuscript;

full names, academic rank and current institutional affiliation for all authors in the order in which their names should appear;

full contact details;

any acknowledgements and the author’s email address to be included in the introductory footnote on the opening page; and

word count (including footnotes).

(c) 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, and adopts some aspects of the style of citation formulated by the Oxford University Standard for Citation of Legal Authorities (OSCOLA); 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) 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

(c) Abbreviations

Abbreviations in common use (EC, EU, GATT, NATO, UN, US) need not be given in full on first use. Other abbreviations 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.

(d) 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.

(e) 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.

(f) 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(a), 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.

Do not italicise quotations in a foreign language (although a translation should be provided in a footnote).

(g) 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.

Number spans Please see ‘Footnotes’, section B.3 below.

(h) 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.

(i) 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.

(j) 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 (Additional Protocol 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.

If the source is a case with a lengthy name, a shortened form of the case name should be used. For a book or article, the author’s surname is sufficient, unless several works by the same author are contained in the first-cited reference in which case the surname and title of the work (shortened if necessary) should be provided.

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.

Do not use page numbers for references within an 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’ – just 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 always be abbreviated in footnotes:

Case names

Attorney General A-G

Company Co

European Communities EC

Incorporated Inc

Limited Ltd

United Kingdom UK

United States US

Words/phrases in footnotes

Appendix/Appendices App/Apps

article/articles art/arts

Chapter/Chapters Ch/Chs

clause/clauses cl/cls 9

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, unless it is apparent from the citation, begin with the abbreviated name of the tribunal. Please see the examples in section C.1(c) (Criminal Tribunals) below.

If a decision has not yet been reported, cite the full name of the case followed by the court (abbreviated) and date of judgment in brackets.

If a judgment has numbered paragraphs (as is the case with the International Court of Justice, among others), refer to particular paragraphs rather than page numbers – do not include both. Depending upon the citation practice of the national court, the paragraph number should either be enclosed in square brackets, or follow the word ‘para’. If referring to more than one paragraph, numbers in square brackets should be separated by a comma. When citing spans of paragraphs, insert an en-dash between the first and last paragraph being cited.

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:

Full case name, | Phase, Type of decision | [year] ICJ Rep + first page, | type of opinion if it not the majority, | [pinpoint paragraph ref]

Unpublished case law:

Full case name, | Phase, Type of decision | date, | type of opinion if it not the majority, | [pinpoint paragraph ref]

Examples

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]

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

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

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

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]

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

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

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

(b) Permanent Court of International Justice

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

Examples

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

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

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

(c) Criminal Tribunals

Abbreviated court name | Full case name, | Type of decision, | case number, | Chamber, date | type of opinion, | [para pinpoint – ie number in square brackets] OR page number if paragraphs are not numbered

Examples

International Criminal Tribunal for the former Yugoslavia

ICTY, Prosecutor v Milošvić, 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, [3]

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

International Criminal Tribunal for Rwanda

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

Democratic Republic of Congo

Military Tribunal of Ituri District, Military Prosecutor v Kahwa Panga Mandro Ives and Others, First Instance Decision, RP 039/3006, RMP 227/PEN/2006, 2 August 2006, 24

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, [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

(d) European Court of Human Rights

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

ECtHR, Akdaşv 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

Case of name v name | (year) | Inter-Am Ct HR, | Judgment [or other type of proceeding] of [date], | (Ser [X] No [X], | para pinpoint (if any)

Case of Radilla-Pacheco v Mexico (2009) Inter-Am Ct HR, Judgment of 23 November 2009, (Ser C) No 209, [339].

(f) GATT and WTO Panel Reports

GATT

Panel Report country – subject matter of case, | date of adoption, | publication section/page

Example

Panel Report US – Measures Affecting Alcoholic and Malt Beverages, 9 June 1992, BISD 39S/206.

WTO

Panel Report country subject matter of case, date of adoption, application number, document, page

Example

Appellate Report US – Standards for Reformulated and Conventional Gasoline, adopted 20 May 1996, AB-1996-1, WT/DS2/9, 29

(g) Arbitral awards, etc.

For arbitral awards, follow the official style, as indicated by the reporter. If published in periodicals use the style as indicated at section C.5 (Articles) below, but do not italicise the title of the case.

Examples

International Technical Products Corp v Iran (1985) 9 Iran-US Cl Trib Rep 18

Air Service Agreement of 27 March 1946 (US v France) 54 International Law Review 304 (1979)

(h) European Court of Justice

Case number | Party v Party | [year] | report abbreviation | first page, relevant page/para

Since 1989, cases registered at the European Court of Justice (ECJ) are given the prefix C–, and cases registered at the Court of First Instance (CFI) the prefix T–. Judgments of the Civil Service Tribunal (established in 2005) have the prefix F–.

The official reports are cited as ECR: EJC cases are reported in volume one (ECR I–), CFI cases in ECR II–. The dash in each case is followed by the page number.

Unreported cases Cite the relevant notice in the Official Journal (OJ). If not yet reported in the OJ, give the case number and name, followed by the court and date of judgment in brackets.

Examples

Case 240/83 Procureur de la République v ADBHU [1985] ECR 531

Case C–176/03 Commission v Council [2005] ECR I–7879, [47]-[48]

Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905

Case C–556/07 Commission v France [2009] OJ C102/8

Case T–277/08 Bayer Healthcare v OHMI-Uriach Aquilea OTC (CFI, 11 November 2009)

(i) National courts

Authors should follow as far as possible the official style of the national tribunal where this is known, in accordance with the examples below. Where this cannot be ascertained, authors should follow the citation style of the Oxford Reports on International Law in Domestic Courts (http://www.oxfordreports.com).

Examples

Israel

Supreme Court (sitting as, for example, Court of Appeals hearing civil appeals (CA), admin appeals (AdminA), and criminal appeals (CrimA), and as High Court of Justice (HCJ))

 If published in the official law reports, give this citation and provide a link to any English translation available.

 Provide the ILDC citation for a case not published in the official reports.

 If the case is unreported, give date of judgment and provide an open-source web link if available

Examples

HCJ 852/86 Aloni v Minister of Justice 1987 PD 41(2) 1, 5

CA 1482/92 Hager v Hager 1993 PD 47(2) 793, para 9

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 2/97 and 11/97 Abu Halawe v Commander of the Home Front Command (unpublished, 11 November 1997), http://elyon1.court.gov.il/files/97/020/000/A03/97000020.a03.pdf

District Courts (Civil appeals (CA), criminal cases (CrimC) criminal appeals (CrimA), admin cases (AdminC), family cases (FamC), original matters in civil cases (CC) – in six judicial districts)

CrimC (TA) 521/91 Ben Moshe Kokhavi v State of Israel PM 5753(2) 267 (1993)

FamC (Jer) 21161/07 X v Y (2001)

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

Religious courts

File No 656/35 Rabbinical Court (PT) A v The Electing Body for Principal Ashkenazi City Rabbi, 11 PDR 97

Germany

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

UK

Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch), [2010] Ch 48

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

US

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

Smith v Jones 32 JNI 369 (Sup Ct 1867)

Michael v Johnston 426 US 346 (1976)

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

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 USC § 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, Martens Nouveau Recueil (ser 3) 461 (entered into force 26 January 1910) (Hague IV)

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

European Convention on 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), art 8(1)

United Nations

General Assembly and Security Council Resolutions

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

UNSC Res 1970(2011), 26 February 2011, UN Doc S/RES/1970 (2011), paras 9–11

Other UN Documents

Author (if any), | Title of doc, | date, | UN Doc No | pinpoint ref

Roberto Ago, Report of the Sub-Committee on State Responsibility (1963) 2 Yearbook of the International Law Commission 227, UN Doc A/CN.4/SER.A/1963/Add 1, para 5

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, with Commentaries (2001) UN Doc A/56/10 (2001)

HRC, Winata v Australia Communication No 930/2000, views of 26 July 2001, UN Doc CCPR/ C/72/D/930/2000

Compilation of General Comments and Recommendations adopted by Human Rights Treaty Bodies: Note by the Secretariat, 27 May 2008, UN Doc HRI/GEN/1/Rev 9 (vol 1)

Universal Declaration of Human Rights, UNGA Res 217A(III), 10 December 1948, UN Doc A/810 (1948)

European Union

Official notices

These are contained in the Official Journal of the European Communities (OJ), the citation for which is: year, OJ series, number/page.

Regulations, Directives, Decisions, Recommendations and Opinions

Give the legislation type, number and title, followed by publication details in the OJ. (NB The year precedes the number in citations for Directives, but follows it in citations for Regulations.)

Examples

Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and

African swine fever [2002] OJ L192/27

Council Regulation (EC) 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and big eye tuna within the Community [2003] OJ L295/1

4. Books

Author name(s), | Title | (additional info, edition, publisher year) | specific page/para ref

Give the author’s name exactly as it appears in the publication, using the full name where possible, but omit titles such as QC. Initials are without spaces or full stops.

If a book has two or three authors or editors, cite them all. If it has more than three, give the first name followed by ‘and others’.

Give the full title in italics as it appears on the title page of the book, including subtitle. Capitalise the initial word, the word immediately following a colon, and all other significant words except articles, conjunctions and prepositions. (French titles are an exception: only the first word and proper nouns are capitalised.)

The place of publication is not necessary.

An edition other than the first edition should be specified.

Give the page number of any specific reference at the end of the citation; do not use ‘p’ or ‘pp’. Use ‘at’ if the page number may be confused with any other numerical sequence. Refer to specific paragraphs rather than pages if the paragraphs are numbered.

Examples

Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (2nd edn, NP Engel 2005)

HLA Hart, The Concept of Law (2nd edn, Clarendon Press 1994) 135

Jean-Marie Henckaerts and Louise Doswald-Beck (eds), Customary International Humanitarian Law, Vol I: Rules (International Committee of the Red Cross and Cambridge University Press 2005, revised 2009) (ICRC Study)

K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, Oxford University Press 1998)

Christian von Bar, The Common European Law of Torts, vol 2 (CH Beck 2000) para 76

Chapters in books

Author’s name(s), | ‘Chapter Title’ | in name of editor(s) (ed(s)), | Book Title | (additional info, edition, publisher year) |first page of chapter, | pinpoint ref

Charles Taylor, ‘The Politics of Recognition’ in Ajay Heble, Donna Palmater Pennee and JR (Tim) Struthers (eds), New Contexts of Canadian Criticism (Broadview Press 1997) 125, 127

5. Articles in academic journals

Author, | ‘Article Title’ | [year] or (year) | volume | Journal Name (italic) | first page, pinpoint ref

Give the author’s name exactly as it appears in the publication, using the full name where possible, but omit titles such as QC. Initials are without spaces or full stops.

If an article has more than three authors, give the first name followed by ‘and others’.

Give the full title in single quotation marks. Capitalise the first word, the word immediately following a colon, and all other significant words except articles, conjunctions and prepositions. (French titles are an exception: only the first word and proper nouns are capitalised.)

The year should be in square brackets if it identifies the volume, and in round brackets if there is a separate volume number.

The volume number (if any) should appear before the name of the journal. Include the issue number (in brackets) only if the page numbers begin again for each issue within a volume.

The name of the journal should be spelt out in full.

Examples

Eyal Benvenisti, ‘Responsibility for the Protection of Human Rights under the Interim Israeli-Palestinian Agreements’ (1994) 28 Israel Law Review 297

Jonathan Charney, ‘The Impact of the International Legal System of the Growth of International Courts and Tribunals’ (1999) 31 Journal of International Law & Politics 697, 704

6. Newspaper articles

Author, | ‘Title of Article’, | Newspaper, | date, | page/para

Examples

Graeme Smith, ‘How Social Media Users are Helping NATO Fight Gadhafi in Libya’, Globe and Mail, 14 June 2011

Damien Cave, ‘Mexico Turns to Social Media for Information and Survival’, The New York Times, 24 September 2011

7. Other documents

For all other documents, follow the official style as used by the organisation itself, but applying the house style principles of minimum punctuation and initial capitalisation.

Author, | ‘Title of Document’, | source (in italic) (if relevant) | additional information (eg details of conference, thesis etc), | date of publication/conference (if any), | pinpoint ref

Examples

Amnesty International, ‘The Right to Return: The Case of the Palestinians, Policy Statement, Amnesty International’s Position on Forcible Exile and the Right to Return’, 30 March 2001, MDE 15/013/2001

Erez Tzfadia, ‘Immigrants in Peripheral Towns in the Israeli Settler Society: Mizrahim in Development Towns Face Russian Migration’, PhD thesis, Ben Gurion University, 2002 (in Hebrew)

Feruza Djamalova, ‘Targeted Killing under International Sui Generis Framework’, LLM thesis, University of Toronto, 2008, 30

8.Internet sources

Author, | ‘Title of Document’, | source/name of website (in italic) (if relevant) | date of publication/conference (if any), | pinpoint ref, | http:// [...]

(a) The Israel Law Review recognises the widespread use of the internet and its task in facilitating the availability of materials that are difficult to locate.

(b) There is no need to cite an electronic source for a publication which is also available in hard copy form. The hard copy reference alone should be cited.

Examples

Ian Brownlie, ‘International Law and the Use of Force – Revisited’, speech delivered at the Graduate Institute of International Studies, Geneva, 1 February 2010, http://www.europaeum.org/files/publications/pamphl...

California Energy Commission, ‘California’s Renewable Energy Program’, http://www.energy.ca.gov/renewables/index.html

Jolie O’Dell, ‘One Twitter User Reports Live from Osama Bin Laden Raid’, Mashable Social Media, 2 May 2011, http://mashable.com/2011/05/02/live-tweet-bin-lade...

‘Osama Bin Laden, al-Qaeda Leader, Dead – Barack Obama’, BBC News, 2 May 2011, http://www.bbc.co.uk/news/world-us-canada-13256676

Last updated 25th April 2017