Disregard for International Law in the Evolution toward the Formation of the State of Israel

2017 ◽  
pp. 73-100
Author(s):  
Jean Allain
Keyword(s):  
International Law ◽  
The State ◽  
State Of Israel

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

scholarly journals Western Interest dalam Proses Perkembangan Negara Israel (1917-1948) Sebagai Akar Utama Konflik Israel-Palestina

2020 ◽  
Vol 1 (1) ◽  
pp. 24-37
Author(s):  
Tika Tazkya Nurdyawati
Keyword(s):  
Literature Review ◽  
International Law ◽  
Religious Identity ◽  
National Interest ◽  
The State ◽  
The West ◽  
Palestinian Territories ◽  
Rational Actor ◽  
State Of Israel

The Israeli-Palestinian conflict which is often found to continue for more than 7 decades is inseparable from the root of the problem itself, namely; designation of the Palestinian territories as a national home for the Jews which would later lead to Israeli independence in 1948. Referring to the Balfour Declaration 1917 under the British decision, the massive migration of Jews from Europe to Palestine was inseparable from the benefits that were gained by Western hegemonies in the West. the winner of the war at the time. This can be studied using a realism perspective which views the state as a rational actor with all its decisions under the national interest. Using the literature review method, this article tries to answer whether the tension that occurs in the Israeli-Palestinian conflict is based solely on differences in religious identity between the two? Or are there interests of several parties that do not appear on the surface? Why can the annexation case in the formation of an Israeli state that violates international law continue without strict sanctions? The economic and political motivated interests of the West and the connection of Zionism in the founding of the state of Israel will be examined as concrete evidence. This article is expected to be useful as a reference for later literature for similar research.

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

The Resolution of the Institute of International Law on the Immunities of Heads of State and Government

2002 ◽  
Vol 51 (1) ◽  
pp. 119-125 ◽  
Author(s):  
Hazel Fox
Keyword(s):  
International Law ◽  
The State ◽  
Criminal Proceedings ◽  
Public Officials ◽  
Prosecutorial Discretion ◽  
International Crimes ◽  
Civil Aircraft ◽  
Heads Of State ◽  
Witch Hunts ◽  
State Of Israel

A pressing issue of the day requiring authoritative resolution is whether public officials when in office carrying out their official functions may be prosecuted by the courts of other countries for alleged international crimes. Objection has been made, though not by the Danish Government, to a new ambassador appointed by the State of Israel, taking up his appointment as head of the Israeli diplomatic mission in Copenhagen, on the ground of his implication in war crimes. Recently, criminal proceedings were brought in the French courts against Colonel Ghadaffi as the serving Head of the State of Libya for complicity in acts of terrorism resulting in the destruction of a French civil aircraft and death of all its passengers. Writing critically of the Lords' decision in the Pinochet case, Henry Kissinger talks of the tyranny of judges replacing that of government, of prosecutorial discretion without accountability and warns that ‘historically the dictatorship of the virtuous has often led to inquisitions and witch hunts’.

scholarly journals Mobilizing International Law in the Palestinian Struggle for Justice

Global Jurist ◽  
2018 ◽  
Vol 18 (3) ◽  
Author(s):  
George Bisharat ◽  
Jeff Handmaker ◽  
Ghada Karmi ◽  
Alaa Tartir
Keyword(s):  
International Law ◽  
Nation Building ◽  
The State ◽  
Special Issue ◽  
Alternative Futures ◽  
International Conference ◽  
City Hall ◽  
Governance Institutions ◽  
High Level ◽  
State Of Israel

Abstract Those involved in mobilizing international law to achieve justice for the Palestinians have invoked numerous legal and governance institutions, at both international and national levels. For various reasons, international law has understandably been regarded with a high level of skepticism by many Palestinians, particularly from legitimacy and effectiveness standpoints. However, law has also ignited the Palestinian civic imagination and has led to bold and creative initiatives, including efforts to hold both states and (corporate) non-state actors accountable through legal and other means, and even to construct alternative models for nation building. This introduction to a Special Issue of the Global Jurist on ‘International Law and the State of Israel’ emerges from an international conference that took place at Cork City Hall and at the campus of University College Cork in Ireland in March 2017. Our message for producing this Special Issue and indeed for our colleagues who organized the conference in the first place was simple: while we cannot afford to neglect law in envisioning alternative futures in Israel/Palestine (including statehood), justice always remains a guide.

Secular Law as the “King's Law”: Zionist Halakhah and Legal Theory

AJS Review ◽  
2019 ◽  
Vol 43 (01) ◽  
pp. 47-66
Author(s):  
Itzhak Brand
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Private International Law ◽  
Jewish State ◽  
Conflict Of Laws ◽  
The Third ◽  
The Relationship ◽  
State Of Israel

What is the possibility of secular law in the religious Jewish state? This article will focus this question on the attitude of Zionist halakhic decisors toward the secular law of the land when that land is the State of Israel. Are these decisors willing to recognize Israeli law as falling into the halakhic category of “the King's Law” (mishpat ha-melekh)? Halakhic literature offers various justifications for the king's authority. The first justification is philosophical and jurisprudential; the second is political; and the third is legal in nature. Various justifications for the King's Law yield different models of its force and authority, which contrast in the relationship they posit between the King's Law and Torah Law. This article examines this question from the perspective of the legal discussion of the relationship between competing systems of law (private international law and issues related to the conflict of laws).

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