Abstract
The article offers a critique of the 2002 decision of the Israeli High Court of Justice that the Israeli policy of ‘targeted killings’, being a means of warfare against terrorism, is non‐justiciable. The critique, resting on the domestic, transnational and international ramifications of the decision, proposes that that decision is (i) inconsistent with the jurisprudence and practice of the court; (ii) inappropriate in terms of judicial policy; and (iii) ill‐advised in view of the nascent global (international and universal) criminal legal discourse, which encourages domestic courts to subject alleged crimes to their review. Such review gives domestic courts the opportunity to address both the international and the domestic communities, signalling to the former, that the domestic system participates in the global legal discourse, and to the latter, that normative behaviour may well advance the national interest.
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