international law

Publications Regarding international law

Articles

Policy Statement

IDI Submission to the UN's International Commission of Inquiry on the 2014 Gaza Conflict

Submitted to the UN International Commission of Inquiry on February 11, 2015, this document details the role of lawyers within the Israeli Defense Forces in implementing and enforcing International Humanitarian Law within the IDF.

Op-ed

Investigating Allegations of Violations of the Laws of War by the IDF during Operation Protective Edge: The Alternatives Available to Israel

How should suspected violations of the international laws of war be investigated? As Operation Protective Edge winds down, Prof. Yuval Shany and Prof. Amichai Cohen discuss the options of an internal investigation by the IDF, an international investigation, and an Israeli commission of inquiry.

Op-ed

A Suggested Moral Analysis of the Goldstone Report and its Aftermath

Prof. Mordechai Kremnitzer, IDI Vice President of Research, analyzes fundamental principles that bear crucially on the moral aspects of the Goldstone Report, Israel's stance with respect to the report, and contemporary international criminal law in general. 

Op-ed

Israel’s Collision Course with the International Community

The primary significance of Resolution 2334 is that it strengthens other initiatives whose purpose is to punish Israel, its leaders and businesses for their involvement in the settlement enterprise. 

Press Release

Prof. Amichai Cohen Warns about International Intervention in Israeli Investigation of Operation Protective Edge

Upon the release of the findings of the international investigation of Operation Protective Edge: IDI warns that the intervention by international bodies in the investigation of the events of the Operation in Gaza undermines the basis of the international demand to establish investigative mechanisms and weakens the Israeli legal system.

Op-ed

Israel’s Agreement with Turkey: Does it Protect IDF Soldiers from Prosecution?

Prime Minister Benjamin Netanyahu announced recently that Israel and Turkey had reached an agreement leading to reconciliation between the two countries – and the Knesset approved the deal. Now the question becomes: will the deal have the impact Israeli soldiers are hoping for? Originally published by the Jerusalem Post.

Op-ed

Hebron Shooting Demands IDF Investigation

IDI's Prof. Amichai Cohen explains why Israel had to launch a swift and effective investigation into the actions of the solider that shot a neutralized terrorist in Hebron. This article originally appeared on the Times of Israel

Op-ed

U.N. Recognition of a Palestinian State: A Legal Analysis

The Palestinian Authority has announced its intention to declare the establishment of an independent Palestinian State in September 2011, and to ask the U.N. to recognize that state. What is the significance of U.N. recognition? Can the U.N. establish a state? Find out in this legal analysis by IDI Research Fellow Dr. Amichai Cohen.

Op-ed

U.N. Recognition of a Palestinian State: A Legal Analysis

What is the significance of the UN decision to grant the Palestinian Authority the status of a non-member observer state? IDI Research Fellow Dr. Amichai Cohen explores this question from a legal standpoint.

Op-ed

The Significance of International Recognition of the State of Palestine

United Nations recognition of Palestine as a state would confront Israel with complex challenges, but would also have some hidden benefits. IDI Senior Fellow Prof. Yuval Shany describes the risks and potential opportunities contained in such international recognition.

Op-ed

Opinion: Will an Investigative Committee be Set up to Evaluate Goldstone’s Findings?

As calls for an independent Israeli investigation of the events of Operation Cast Lead grow stronger, IDI's Dr. Dana Blander looks at the history of Israel's investigative committees.

Op-ed

Opinion: Goldstone Notwithstanding, IDF Obligated to Investigate Conduct

This op-ed by IDI Prof. Yuval Shany argues that despite the Goldstone Report’s shortcomings, it strengthens the demand to investigate claims raised against the IDF through an extra-military entity. As he sees it, the main question to address is whether the army's internal investigation of "Operation Cast Lead" meets the requirements of international law.

Op-ed

Half-Measures in the War on Terror: An Israeli Perspective

In an op-ed in The Jerusalem Post, Prof. Mordechai Kremnitzer and Prof. Yuval Shany discuss the need for measures, laws, and institutions designed to combat the war on terror in order to strike a balance between concern for national security and the need to safeguard democratic values such as human rights and the rule of law.

Article

A Show of Global Solidarity – The UN and Human Rights

The United Nations, with all its many flaws, has an essential role to play in promoting the basic idea that any and all individuals must enjoy human rights.

Op-ed

Are Israeli soldiers at risk of prosecution abroad?

Prof. Amichai Cohen argues that there is only one good way to prevent prosecution of Israeli soldiers abroad: Israeli authorities must conduct effective, independent, and genuine investigations in cases where there are suspicions of war crimes or other violations. This article was first published by Times of Israel.

Article

The Palestinian Authority and the International Criminal Court

A discussion of the Palestinian Authority's declarations to the International Criminal Court (ICC), the changes that influenced the ICC prosecutor's decision to accept the PA's second declaration, and the conditions that must be fulfilled in order for the ICC to apply its jurisdiction to IDF actions or to the settlement enterprise.

Article

ISIS: Is the Islamic State Really a State?

What criteria must the caliphate of the Islamic State meet in order to be considered a State under international law? This article presents an analysis of this question by IDI experts on terrorism and democracy.

Article

The (Legal) Battle against the Islamic State

Three IDI experts on terrorism and democracy discuss the key points of the UN Security Council resolution that condemns the abuse of human rights by the Islamic State, and note two points that they believe are missing from the resolution. 

Policy Statement

Operation Protective Edge and International Law

As Operation Protective Edge enters its second week, IDI experts outline the legal basic concepts involved in asymmetrical warfare and the boundaries of permissible action according to standard interpretations of existing international law.

Op-ed

The Goldstone Retraction: Better Late than Never, and an Opportunity to Reconsider

Judge Richard Goldstone’s retraction of his commission's finding that Israeli actions in Gaza during Operation Cast Lead deliberately targeted civilians righted a historical injustice. But did the actions of the State of Israel contribute to the false impression received by the Goldstone Commission? In this op-ed, IDI Senior Fellow Prof. Yuval Shany explores the question of whether the Israeli government should also search its soul and consider participation in future international commissions of inquiry.

Op-ed

The Counter-Terrorism Memorandum Bill

An analysis of the proposed comprehensive counter-terrorism bill that was prepared by IDI's Terrorism and Democracy research team and submitted to the Ministry of Justice.

Op-ed

Israeli McCarthyism?

In this op-ed article, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI researcher Adv. Shiri Krebs question the wisdom of forming a parliamentary commission of inquiry into the funding of Israeli human rights organizations. They warn against a slippery slope to McCarthyism and point out that the establishment of the commission, far from strengthening Israel’s legitimacy, will accelerate efforts to delegitimize Israel and prosecute Israeli officials overseas.

Op-ed

Is Administrative Detention the Right Tool for Fighting Terrorism?

On February 21, 2012, just before the High Court of Justice was to hear his petition, Palestinian detainee Khader Adnan agreed to end his life threatening hunger strike after Israeli authorities agreed to release him in April, at the end of four months of administrative detention. Attorney Elad Gil explores basic questions about the use of administrative detention in Israel and highlights lessons learned from the Adnan affair.

Decade in Review: The Convergence of Israeli and International Law

IDI Senior Fellow Professor Yuval Shany explains the increasingly critical relationship between international law and the Israeli legal system, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

Op-ed

Hijab, Kippah, Crucifix

The ruling by the European Court of Justice (ECJ) that a company is permitted to terminate its worker for wearing religious dress is a sad demonstration of the words of Ecclesiastes: “And moreover I saw under the sun the place of judgment, that wickedness was there; and the place of righteousness, that iniquity was there.”

Article

Clarifying the IDF’s Record During the Gaza Riots

Israel’s supporters, who have the nation’s best interests at heart, should resist the urge to engage in partisan smear campaigns that attempt to tarnish the reputations of patriots who are on the frontlines of the struggle for Israel’s legitimacy as a Jewish and democratic state. We have enough enemies on our borders.

Article

‘Black Friday’ and Other Investigations: Initial Observations

Initial observations on Israeli's Military Advocate General's decision to conclude investigation into 'Black Friday'.

Op-ed

The Role of a Legal Advisor during Times of Combat

IDI Researcher Attorney Eli Bahar discusses the central role that members of Israel's system of legal counsel play in formulating the rules of what is permissible during warfare in real time, during the fighting, in order to ensure that Israel's citizens will not be ashamed of themselves after the fighting ceases. 

Op-ed

Why Israel Should Fight with One Hand Tied Behind Its Back

In an op-ed in <em>The Jerusalem Post</em>, IDI President Yohanan Plesner stresses that Israel's adherence to international law is not a source of weakness, but rather one of its greatest strengths.

Article

Investigating Allegations of Violations of the Laws of War by the IDF during Operation Protective Edge: The Alternatives Available to Israel

How should suspected violations of the international laws of war be investigated? As Operation Protective Edge winds down, Prof. Yuval Shany and Prof. Amichai Cohen discuss the options of an internal investigation by the IDF, an international investigation, and an Israeli commission of inquiry.

Op-ed

On Operation Protective Edge, Justice, Law, and Victory

Admiral Ami Ayalon asserts that the winner of today's wars is the side whose story is perceived as just, and argues that without a diplomatic track, Israel cannot win the war, even if the war is justified and Israel adheres to international law in the face of terrorists who violate it. 

Op-ed

A Betrayal of International Law

In a Jerusalem Post op-ed, Prof. Mordechai Kremnitzer argues that by breaching their responsibility to be impartial, the  UN Human Rights Council and its commission for investigating alleged war crimes in Gaza are betraying international law, even if unintentionally.

Books