The 1948 Recognition of the State of Israel by the USA and the USSR and International Law

2016 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
The Usa ◽  
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.

scholarly journals Reinhold Niebuhr's Approach to the State of Israel: The Ethical Promise and Theological Limits of Christian Realism

2011 ◽  
Vol 4 (1) ◽  
Author(s):  
Carys Moseley
Keyword(s):  
Natural Theology ◽  
The United States ◽  
The State ◽  
Christian Realism ◽  
Protestant Churches ◽  
Promised Land ◽  
The Usa ◽  
Theological Realism ◽  
State Of Israel

Reinhold Niebuhr’s support for the foundation of the state of Israel is argued to be an expression of his Christian realism, and as such is based on his ethics but not his theology. The first section assesses Niebuhr’s support for Jewish return to the Land of Israel in relation to modern protestant and Jewish support for relocation of the Promised Land back from America to British Mandate Palestine. The second section demonstrates that Niebuhr’s support for Zionism grew out of his threefold moral, political and theological realism. This meant taking into account Israel’s relation to the United States, and increasingly evidenced a national supersessionist outlook. The third section argues that this shift was undertaken via the role of the temporarily messianic nation, whereby the USA replaced Israel as a nation with a mission. In the fourth section, it is argued that the natural theology that underlies Niebuhr's ethics constitutes a 'Hebraic' turn which is ironic given that he does not ground his Zionism in the covenant with Abraham. The last section argues that Niebuhr’s support for Israel’s foundation needs to be understood within his reconstruction of natural law, along with his critique of the fusion of nationalism and religion in the Israeli-Palestinian conflict. As Niebuhr’s approach to Israel was based on ethics not dogmatic theology and exegesis, and as it became part of a notion of America as messianic, it failed to be passed on adequately to the mainline protestant churches.

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 The Constitutionalization of International Law After Liberalism

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 5-27
Author(s):  
Piotr Uhma
Keyword(s):  
International Law ◽  
Public Space ◽  
The United States ◽  
The State ◽  
International Level ◽  
Liberal Internationalism ◽  
The Public ◽  
Modest Contribution ◽  
The People ◽  
The Usa

Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.

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.

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