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THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION AND THE GRAVE RISK OF HARM EXCEPTION
Author(s) -
Moskowitz Galit
Publication year - 2003
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.2003.tb00916.x
Subject(s) - harm , convention , terrorism , premise , law , political science , politics , international law , convention on the rights of the child , criminology , psychology , human rights , philosophy , linguistics
International child abduction is a problem that affects families around the world. The Hague Convention on the Civil Aspects of International Child Abduction was instituted to ensure that abducted children are promptly and safely returned home. Although the goal has been met, recent decisions and their use of Article 13(b) have limited the return of children to Israel on the premise that political turmoil and increased incidences of terrorist attacks constitute war. Although few would dispute that the recent escalation of terrorist attacks in Israel is troublesome, these incidences do not rise to the level of war. Such interpretations of Article 13(b) is too broad and undermines the Convention's policies. Unfortunately, in the global post‐September 11th climate, terror attacks are inevitable throughout the world. In light of this harsh reality, courts must not be quick to declare that a country is a zone of war absent clear and convincing evidence.