Israel and international humanitarian law : between the neo-realism of state security and the "soft power" of legal acceptability: between the neo-realism of state security and the "soft power" of legal acceptability

Cohen Amichai, Stuart Cohen (Editor)

Research output: Contribution to journalArticlepeer-review

Abstract

The article argues that throughout her history Israel has evinced sensitivity to international law requirements. Over time, however, changes have occurred in the mindset within which that attitude is framed. Broadly speaking, during the early years of statehood, Israel's expressions of respect for international law articulated an essentially attempt to gain legitimacy. More recent pronouncements, by contrast, reflect two other developments, which to some extent interact. One is the growing diffusion of the decision-making process in Israel with regard to national security affairs. The second is the growing influence within Israeli political and public life of several institutions, governmental and non-governmental, whose respect for international law is based on their perception of the intrinsic legitimacy of that corpus. The article illustrates the impact of those processes, through an examination of the influence exerted by the IDF's International Law Branch ( ), especially with reference to targeted killings.; The article argues that throughout her history Israel has evinced sensitivity to international law requirements. Over time, however, changes have occurred in the mindset within which that attitude is framed. Broadly speaking, during the early years of statehood, Israel's expressions of respect for international law articulated an essentially attempt to gain legitimacy. More recent pronouncements, by contrast, reflect two other developments, which to some extent interact. One is the growing diffusion of the decision-making process in Israel with regard to national security affairs. The second is the growing influence within Israeli political and public life of several institutions, governmental and non-governmental, whose respect for international law is based on their perception of the intrinsic legitimacy of that corpus. The article illustrates the impact of those processes, through an examination of the influence exerted by the IDF's International Law Branch ( ), especially with reference to targeted killings.; The article argues that throughout her history Israel has evinced sensitivity to international law requirements. Over time, however, changes have occurred in the mindset within which that attitude is framed. Broadly speaking, during the early years of statehood, Israel's expressions of respect for international law articulated an essentially utilitarian attempt to gain legitimacy. More recent pronouncements, by contrast, reflect two other developments, which to some extent interact. One is the growing diffusion of the decision-making process in Israel with regard to national security affairs. The second is the growing influence within Israeli political and public life of several institutions, governmental and non-governmental, whose respect for international law is based on their perception of the intrinsic legitimacy of that corpus. The article illustrates the impact of those processes, inter alia through an examination of the influence exerted by the IDF's International Law Branch (DABLA), especially with reference to targeted killings. [PUBLICATION ABSTRACT]; The article argues that throughout her history Israel has evinced sensitivity to international law requirements. Over time, however, changes have occurred in the mindset within which that attitude is framed. Broadly speaking, during the early years of statehood, Israel's expressions of respect for international law articulated an essentially utilitarian attempt to gain legitimacy. More recent pronouncements, by contrast, reflect two other developments, which to some extent interact. One is the growing diffusion of the decision-making process in Israel with regard to national security affairs. The second is the growing influence within Israeli political and public life of several institutions, governmental and non-governmental, whose respect for international law is based on their perception of the intrinsic legitimacy of that corpus. The article illustrates the impact of those processes, inter alia through an examination of the influence exerted by the IDF's International Law Branch (DABLA), especially with reference to targeted killings.; The article argues that throughout her history Israel has evinced sensitivity to international law requirements. Over time, however, changes have occurred in the mindset within which that attitude is framed. Broadly speaking, during the early years of statehood, Israel's expressions of respect for international law articulated an essentially utilitarian attempt to gain legitimacy. More recent pronouncements, by contrast, reflect two other developments, which to some extent interact. One is the growing diffusion of the decision-making process in Israel with regard to national security affairs. The second is the growing influence within Israeli political and public life of several institutions, governmental and non-governmental, whose respect for international law is based on their perception of the intrinsic legitimacy of that corpus.
Original languageAmerican English
Pages (from-to)1-23
Number of pages23
JournalIsrael Studies
Volume16
Issue number2
DOIs
StatePublished - 2011

Keywords

  • Israel. Tseva haganah le-Yiśraʼel -- Law
  • Israel. Bet ha-mishpaṭ ha-ʻelyon
  • Law -- Israel
  • National security -- Israel
  • Israel -- Defenses

RAMBI Publications

  • RAMBI Publications
  • Israel -- Tseva haganah le-Yiśraʼel -- Law
  • Israel -- Bet ha-mishpaṭ ha-ʻelyon
  • Law -- Israel
  • National security -- Israel
  • Israel -- Defenses

Fingerprint

Dive into the research topics of 'Israel and international humanitarian law : between the neo-realism of state security and the "soft power" of legal acceptability: between the neo-realism of state security and the "soft power" of legal acceptability'. Together they form a unique fingerprint.

Cite this