Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-international armed conflicts. Such conduct is criminalised under the Rome Statute of the International Criminal Court (ICC Statute) when committed during an international armed conflict. However, without good reason, it is not a war crime when committed during a non-international armed conflict. Contemporary conflicts, such as that in Syria, show that this is a problematic omission. This article addresses the challenges in prosecuting the denial of humanitarian access during international armed conflicts and examines the options to prosecute before the International Criminal Court such denial in times of non-international armed conflict as other war crimes, crimes against humanity, and genocide. The author concludes that these options would not suffice and proposes to add to the ICC Statute the starvation of the civilian population, including through impeding humanitarian access, as a war crime for non-international armed conflicts.

This article analyses, from historical and comparative perspectives, three closely related concepts of administrative law – namely records, reasons and rationality. It finds that the concept of the ‘administrative record’ is far more significant in United States administrative law than in either English or Australian administrative law, and suggests why this might be so. The importance of the record in US law explains why it imposes stronger obligations on administrators to give reasons than does either English or Australian law. It also explains why terms such as ‘rationality’ and ‘reasonableness’ have significantly different meanings in US administrative law on the one hand, and English and Australian law on the other.

The Gotovina case presented the International Criminal Tribunal for the former Yugoslavia (ICTY) with a unique opportunity to adjudicate on issues connected with the law of targeting and international humanitarian law (IHL) in a criminal context. This opportunity was especially important given the fact that legal issues arising out of complex, intense combat situations have only rarely been adjudicated. Although Gotovina was not formally charged with carrying out unlawful attacks on civilians, attacks by Croatia on four towns over the course of ‘Operation Storm’ were the focus of the proceedings. This led both Trial and Appeal Chambers to deal with issues related to the law of targeting such as classification of military objectives, proportionality, and the intent behind an attack. This article argues that the judges failed to take full advantage of the opportunity to discuss these issues. They failed consistently to articulate the legal reasoning behind their findings; they failed to explain the branch of law on which any of their substantive determinations were based; and, perhaps most importantly, they did not explain the relationship between IHL and criminal law and how IHL is to be applied in a courtroom.

This article examines the changes in the encounter between sexual assault victims and representatives of the law enforcement and judicial systems in Israel as perceived by workers and volunteers in the sexual assault crisis centres. After more than four decades of action in legal contexts – from spurring changes in legislation, through the training of professionals within the legal system, up to escorting victims – it is still hard to find studies that describe any change beyond legislation and procedures in the forms that this encounter assumes in Israel and in the world.

For the purpose of the study, this interaction was separated from the other aspects of the procedure, observed in depth and, with the interviewees' help, broken down into its relevant components. Data gathered and processed using quantitative and qualitative methods show that, according to the impression of the critical and experienced interviewees, representatives of the legal system truly endeavoured during the first decade of the second millennium to provide victims with better conditions than in the past, encouraging them to speak out in criminal proceedings.

As a possible background for the changes in the interpersonal encounter, the article suggests focusing on two mutually related processes, historical but also ongoing. The first is a change in the modes of thought and action in the crisis centres that dealt with this matter and promoted specific changes in the interpersonal encounter. The second process is reflected in the way in which legislators chose to intervene in the interpersonal encounters through four sections in the Rights of Victims of Crime Law. These processes influenced one another and still largely accompany the developments in this sphere, teaching important lessons about change in systems that are not easily amenable to change.

It is a pleasure and an honour to have been invited to give this year's Lionel Cohen lecture, especially looking at the cast list of my predecessors. It has been a particular pleasure for me to return to Israel after nearly 50 years and to bring my husband to visit the grave of his maternal grandfather, who died in 1917 on the Gaza Strip. This was before my mother-in-law was born so it was something of a poignant moment for my husband, and I am extremely grateful to those who made it possible.