Much confusion surrounds the debate over the nature and extent of Israel’s obligations toward the civilian population in Gaza. Several important questions must be addressed: Is Gaza an occupied territory? Is it permitted to prevent the supply of electricity to Gaza? Can Israel lay siege to Gaza as part of its war against Hamas? Is there a duty to allow humanitarian aid into Gaza? Is advising civilians in Gaza to evacuate to the south a form of internal displacement?
On the morning of Saturday, October 7, 2023, on the Jewish holiday of Shemini Atzeret and Simhat Torah, Hamas launched a murderous terror attack against Israel. In a series of war crimes and crimes against humanity, Hamas killed more than 1,400 people, the vast majority of them civilians; wounded more than 3,300; and took around 200 people hostage or captive. The numbers are still growing. Although this attack was directed toward Israeli civilians, it should be cast as a crime against humanity at large. The brutality and atrocities...
The violent attack by Hamas that deliberately targeted Israeli citizens, civilians as well as soldiers, and the atrocities committed by Hamas and other terrorists – among them murder, torture, rape, abduction, looting, and many other crimes – constitute gross violations of international law, and in particular, of international criminal law. These horrific acts constitute the most serious crimes in international law defined as war crimes and crimes against humanity, and amount to the crime of genocide. Hamas has an absolute...
On September 12, 2023, the Supreme Court held a hearing on the petitions against an amendment to the Basic Law: The Judiciary, which eliminates the Courts’s authority to overturn decisions by the Government and the ministers on the grounds of “unreasonableness.” The petitioners and the Attorney General argue that the amendment should be nullified, due both to flaws in the legislative process and to its contradicting the core values of Israel as a Jewish and democratic state. The Government and the Knesset, on the...
Over the past seven months, Israel’s current government has undermined the status of women through legislation, coalition decisions, and inflammatory public discourse fueled by controversial statements from senior officials. Not only is this disturbing from a moral standpoint, but it also has potential national security implications for Israel.
On July 17, 2023, the Royal Palace in Rabat announced that Israel has officially recognized Moroccan sovereignty in Western Sahara. This significant step aligns Israel with the United States on a cornerstone of Moroccan foreign policy. The recognition is expected to substantially improve Israel-Morocco relations and overcome barriers that have hindered their progress, particularly in the diplomatic sphere, by upgrading their liaison offices to permanent embassies, and boost other facets of the relations as well. At the same time,...
On March 17, 2023, the International Criminal Court (ICC) issued arrest warrants against Russian President Vladimir Putin and a senior member of his government on suspected charges of committing war crimes by unlawfully deporting and transferring children from Ukraine to Russian territory. This marks the first time that the ICC has issued arrest warrants as part of its investigation into the conflict between Russia and Ukraine, and it is expected that further proceedings will be initiated over additional war crimes. This is a...
Against the background of proposals for change to the judicial system in Israel and its relations with the government and the Knesset, this paper contends that loss of judicial independence and effective oversight of the government – as denoted by current political initiatives – could cause severe harm to the national security of the State of Israel.
The paper starts with an examination of whether and to what extent the independence of the courts and their supervision of the government affect Israel’s national security; this is...
Like all countries, Israel is influenced by the global geopolitical reality. In this reality, contrasting ideas and values play an important role, as they shape the interests and conduct of respective actors in the international arena. Leading conceptual and ideological polarities include liberal and democratic values vs. illiberal worldviews, support for globalization or isolation, and more. Thus, analysis must go beyond identifying the interests of international actors to also address the values they adhere to. Conduct in the...
In late December, the UN General Assembly asked the International Court of Justice (ICJ) for its opinion on the legality of the “ongoing Israeli occupation.” The opinion will likely include critical statements about the illegality of Israel’s conduct in the West Bank and East Jerusalem and about its “annexation” moves. Harsh assertions by the Court could significantly damage Israel’s foreign relations, be used as ammunition by the Boycott, Divestment and Sanctions (BDS) movement, and even possibly...
In his first year and a half as the Prosecutor of the International Criminal Court (ICC), it is evident that Karim Khan is determined to strengthen its influence, particularly in light of the criticism of the Court’s limited effectiveness. To this end, Khan promotes collaboration, some precedent-setting, with countries, international organizations, civil society organizations, and communities of victims. In addition, there is a new emphasis on focusing on fewer investigations and integrating advanced technology into the...
