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Home Publications Military and Strategic Affairs Legal Transparency as a National Security Strategy

Legal Transparency as a National Security Strategy

Military and Strategic Affairs, Volume 5, No. 1, May 2013

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Yoni Eshpar

This article will not offer a legal analysis or presume to take sides in the ongoing debate between the administration and its critics on legal positions regarding military and security issues. The basic assumption of this series of speeches asserted that such a discussion is unavoidable and even essential in any democratic country. The problem is that when it heats up, particularly in wartime, the debate is liable to frame the tension between security and values as an inevitable choice between them. Obama identified this “false choice” as an obstacle and vowed to work toward eliminating it. He did not foment a revolution in the administration’s legal positions for this purpose; instead, he redefined the ideological framework in which the public debate on these positions is conducted. The article will analyze this framework and explain why it has proven itself to be an effective means of bolstering security as well as the law and the values that the law represents. In conclusion, it proposes lessons to be learned and outlines directions for thought and action that are relevant for Israel.


The opinions expressed in INSS publications are the authors’ alone.
Publication Series Military and Strategic Affairs
TopicsIsrael-United States RelationsLaw and National SecurityTerrorism and Low Intensity Conflict
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  • Research

    • Topics
      • Israel and the Global Powers
      • Israel-United States Relations
      • Glazer Israel-China Policy Center
      • Russia
      • Europe
      • Antisemitism and Delegitimization
      • Iran and the Shi'ite Axis
      • The Campaign Against Iran and the Shiite Axis
      • Iran
      • Lebanon and Hezbollah
      • Syria
      • Yemen and the Houthi Movement
      • Iraq and the Iraqi Shiite Militias
      • Conflict to Agreements
      • Israeli-Palestinian Relations
      • Hamas and the Gaza Strip
      • Peace Agreements and Normalization in the Middle East
      • Saudi Arabia and the Gulf States
      • Turkey
      • Egypt
      • Jordan
      • Israel’s National Security Policy
      • Military and Strategic Affairs
      • Societal Resilience and the Israeli Society
      • Jewish-Arab Relations in Israel
      • Climate, Infrastructure and Energy
      • Terrorism and Low Intensity Conflict
      • Cross-Arena Research
      • Data Analytics Center
      • Law and National Security
      • Advanced Technologies and National Security
      • Foreign Information Manipulation and Interference
      • Economics and National Security
    • Projects
      • Preventing the Slide into a One-State Reality
      • India-Middle East-Europe Economic Corridor (IMEC)
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