Prof. Emanuel Gross, Emeritus

Military Law, Law and Morality, Evidence, Criminal Procedure, Criminal law, Law and Terrorism

עברית

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About
Publications

About

Education

J.S.D. Tel-Aviv University Faculty of Law (1985)
LL.M. Tel-Aviv University Faculty of Law (1982)
LL.B. Tel-Aviv University Faculty of Law(1972)

Specialization

Military Law
Law and Morality
Evidence
Criminal Procedure
Criminal law
Law and Terrorism

Professional Experience

Member on the editorial board of Ius Gentium, Center for International and Comparative Law, University of Baltimore, 2001-current
Academic Consultant, Clinical Studies In Criminal Law, Haifa University, Law Faculty, 1994-current
Chief Judge, District Military Court, Southern Command, Israel Defence Force, 1987-1993
Deputy Chief Judge, District Military Court, Central Command, Israel Defence Force, 1980-1987
Deputy District Military Attorney, Central Command, Israel Defence Force, 1972-1980

Further Information

Deputy District Military Attorney, Central Command, Israel Defence Force, 1972-1980
Visiting Scholar of Law
- Yale Law School (1990-1991)
Visiting Professor of Law
- Villanova Law School (1995)
- John Marshall Law School, Chicago (1997)
- Washington College of Law, American University, Washington (2002)
- Osgoode Hall Law School, York University, Toronto (2003)
Acdemic Conferences
- The Annual Conference of The Criminology Society, "The Crown Witness", Bar Illan University, 1989
- The Military Courts Approach toward Illegal Drugs, "The Punishment Policy", Tel Aviv University, 1989
- Codification of the Criminal Code, "The Criminal Code in Emergency Times", Haifa University law Faculty, 1993
- Meeting of Israel and British Justices, Jerusalem, "The Constitutional Rights of the Victim in Criminal Proceedings", 1996
- Integrating a Victim Prespective within Criminal Justice: An International Conference, "The Impact of the New Bill of Rights on the Constitutional Rights of the Victim in Israel", Leeds, England, 1998
- Law and Terrorism, "Democracy versus Terror: Where are the Limits?", Haifa University, 2002

Publications

Books

The Struggling of Democracy Against Terrorism - The Legal and Moral Aspects(forthcoming), Virginia University Press (2013)
The Struggle of Democracy Against Terrorism: The Suicide Bombers - Do we have Any Legal Answers for this Phenomenon?, JUSTICE DALIA DORNER BOOK (2009)
The Rule of Law and Terrorism, Nevo (2004)
The Crown Witness, Tel-Aviv University Press (1989)

Articles

"Combating Terrorism: Does Self-Defense Include the Security Barrier? The Answer Depends on Who You Ask", 38 Cornell Int'l L.J., pp. 569-582 (2005)
The Struggle of a Democracy Against Terrorism - Protection of Human Rights: The Right to Privacy Versus the National Interest - The Proper Balance, Cornell International Law Journal, Vol. 37, pp. 27-93 (2004)
The Struggle of a Democracy Against Terrorism-Protection of Human Rights: The Right to Privacy Versus the National Interest The Proper Balance, 37 Cornell Intl L.J. 27-93 (2004)
The Laws of War Waged Between Democratic States and Terrorist Organizations: Real or Illusive?, 15 Fla J. Intl L. 389-480 (2003)
Defensive Democracy: Is It Possible to Revoke the Citizenship, Deport or Negate the Civil Rights of a Person Instigating Terrorist Action Against His Own State?, 72 UMKC. L. Rev. 51-122 (2003)
Democracys Struggle Against Terrorism: The Powers of Military Commanders to Decide Upon the Demolition of Houses, the Imposition of Curfews, Blockades, Encirclements and the Declaration of an Area as a Closed Military Area: The Struggle Against Terrorism, 30 GEORGIA J. INT'L & COMP. L. 165-231 (2002)
Terrorism And The Law: Democracy in the War Against Terrorism-The Israeli Experience, 35 LOY. L.A. L. REV. 1161-1212 (2002)
Self-defense against Terrorism What Does it Mean? The Israeli Perspective, 1 J. MILITARY ETHICS 91-108 (2002)
The Influence of Terrorist Attacks on Human Rights in the United States: The Aftermath of September 11, 28 N.C. J. INT'L L. & COM. REG. 1-101 (2002)
Trying Terrorists-Justification For Differing Trials Rules: The Balance Between Security Considerations and Human Rights, 13 INDIANA INT'L & COMP. L. REV.1-97 (2002)
Use of Civilians as a Human Shield: What Legal and Moral Restrictions Pertain to a War Waged by a Democratic State Against Terrorism?, 16 EMORY INT'L L. REV. 445-493 (2002)
The Victim''s Constitutional Rights: A Comparative Study, 17 BAR-ILAN L. STUDS. 419-57 (2002)
"Thwarting Terrorist Acts by Attacking the Perpetrators or their Commanders as an Act of Self-defense: Human Rights versus the State's Duty to Protect its Citizens, Temple International & Comparative Law Journal, Vol. 15, pp. 195-246 (2001)
Human Rights in Administrative Proceedings: A Quest for Appropriate Evidentiary Standards, 31 CAL. WEST. INT'L L.J. 215-39 (2001)
Legal Aspects of Tackling Terrorism: The Balance Between the Right of a Democracy to Defend Itself and the Protection of Human Rights, 6 UCLA J. INT'L L. & FOREIGN AFFAIRS 89-168 (2001)
Human Rights v Terrorism: Does A Democracy Have A Right To Hold Terrorists As Bargaining Chips? And The Problem of Administrative Detention, 18 ARIZONA J. INT'L L. 721-91 (2001)
Thwarting Terrorist Acts by Attacking the perpetrators or their Commanders as an Act of Self-Defense. Is this Legitimate? Human Rights versus the States Duty to Protect its Citizens, 15 TEMPLE INT'L & COMP. L.J. 195-246 (2001)
A Reasonable Doubt in Deliberations of Professionals Panels(with Michal Orcaby), KIRYAT HAMISHPAT 229-59 (2001)
Shifting the Balance Between the Rights of Victims and Rights of Defendants in Criminal Proceedings: A Comparative Study of Israeli and American Law, 15 TEL AVIV U. STUDS. IN L. 199-237 (2000)
The Constitutional Dimensions of the Arrest Law in the Army, 5 HAIFA U. J. L. GOVERNMENT 437-64 (2000)
Exclusionary Rule In Israel Does it Exist?, 30 MISHPATIM HEBREW U. L. REV. 145-83(1999)
The Battered Woman, Is It Not The Time for The Criminal Law to Defend Her?, 44 HAPRAKLIT 102-39 (1999)
The Constitutional Active Relief in Criminal Law, 4 Mishapat Umimshal 433-489(1998)
The Magna Carta of The Defendant According to The New Bill of Rights In Israel A Comparative Study, 8 PACE INT'L L. REV. 91-127(1996)
The Defendant Basic Rights According to the New Basic Laws in Israel, 13 BAR-ILAN L. STUDS. 155-83 (1996)
The Scope of Review of Fact Findings Process by the Appellate Courts A Critical Study, 20 TEL AVIV U. L. REV. 551-601 (1996)
Criminal Code in Time of Emergency, 3 HAIFA UNIVERSITY J. L. GOVERNMENT 263-77 (1995)
The Mistake Defense in Rape Trials in Israel, 32 HAPRAKLIT 334-46 (1995)
Demyanuk Trial and the Search for Truth, 4 PLILIM ISR. J. CRIM. JUSTICE 299-310 (1994)
The Plea Bargaining and the Search of Truth, 3 PLILIM ISR. J. CRIM. JUSTICE 251-62 (1993)
Legal Activism and the Adversary System of Law, 17 TEL AVIV U. L. REV. 867-93 (1993)
Passive Euthanasia, Legal Aspects, 29 HAPRAKLIT 162-78 (1989)
The Privilege Against Self Incrimination A Landmark in the Struggle of Human to Humanity?, 7 BAR-ILAN L. STUDS. 167-91(1989)
Agent Provocateur as a Defense in Criminal Trial, 27 HAPRAKLIT 107-16 (1987)