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Constitutional Forum, Vol. 24, No. 2, p. 35, 2005

Abstract

The essay deals with the legal status of the relations between the State of Israel, since its establishment in 1948, and the Arab countries. It examines the legal ramifications of the 1948 war (the “War of Independence”), waged by Arab countries against Israel, of the other wars that broke out since, of the cease-fire agreements, and of the peace treaties. It also discusses the significance of the armistice agreements between Israel and the Arab states with whom Israel has no peace agreements.

The essay examines the international legal implications of the practice of waging war in an age when the use of force in resolving international disputes has been prohibited. To this end, the essay probes domestic Israeli law relevant to acts of war and argues that the state can only initiate an offensive war.

The essay also scrutinizes the constitutional relations between the army, the government, and parliament in the area of engaging in military actions, and the issue of civil supervision over the army.

Finally, it studies the legal definition of the confrontation between Israel and the Palestinians since the outbreak of armed hostilities in September 2000, and suggests that the situation might be regarded as an Armed Conflict Short of War, enabling the application of customary international laws of war to the conflict.

Disciplines

Constitutional Law

Date of this Version

December 2005

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