Israel At War

Amnesty International's report on the war in Gaza fails to prove acts of genocide by Israel, even when attempts are made to move the goalposts.

In the second installment of their two-part analysis of the ICC's decision to issue arrest warrants against Israeli leaders, Prof. Yuval Shany and Prof. Amichai Cohen examine the arguments behind the arrest warrants and steps Israel can take to prevent them from being realized. 

IDI's Prof. Yuval Shany and Prof. Irwin Cotler discuss the ICC arrest warrants issued against Israel's Prime Minister and former Defense Minister. The event was hosted by the International Jewish Lawyers organization in partnership with the American Association of Jewish Lawyers and Jurists (AAJLJ). 

48% of Israelis think PM Netanyahu cannot fully function as a wartime prime minister while testifying on trial, a large majority of Israelis think Trump will prioritize Israel's security, and a clear majority (61%) think the main reason behind the ICC's decision to issue arrest warrants is the Court's longstanding anti-Israel bias.

The ICC's unprecedented arrest warrants against leaders of a democratic state carry severe and far-reaching consequences, yet Israel still has far-reaching options to mitigate the damage. 

The proposed "Public Committee of Inquiry," for investigating the events of October 7th and its aftermath, is an attempt to circumvent the existing framework for such investigations and is unlikely to gain public trust.

Israel will likely not succeed in forcing the Court to annul its orders, and attempting to do so will make it even harder for its allies to support it. Instead, it can conduct an independent and effective investigation, avoiding problematic statements, and adhere to the laws of armed conflict.

On November 21, 2024, the Pre-Trial Chamber of the International Criminal Court (ICC) issued four decisions. These deal with various legal matters arising out of the Prosecutor’s May 20 request to issue arrest warrants as part of his ongoing investigation of the Situation in Palestine, in the context of the War in Gaza.

Physical reconstruction and addressing emergency needs are helpful, but to really make a difference post-Oct. 7 donors should focus on improving Israeli governance and civil society

A special survey assessing public opinion on matters of national security, presented at IDI's annual conference on Security and Democracy. The survey found support for a mandatory draft, and significant economic penalties for those who do not serve.

After more than a year of fighting on various fronts, it can now be clearly stated that Arab localities in Israel are suffering from a lack of protective structures. In order to meet its responsibilities toward the residents of Arab localities, the state must provide protective structures—immediately, and without delay.

Rabbi Cosgrove discusses the current political climate in Israel with Yohanan Plesner.

An analysis of the effects of the war on employment within Israel's Arab population. 

Establishing a State Commission of Inquiry is the civic, moral, and public duty at the highest order. And it must be done now.

It is increasingly clear that Israel’s future depends on the forging of two coalitions. One is a multinational alliance determined to turn the Palestinian issue from a driver of conflict into an engine of peace. The other, is an internal Israeli coalition ready to pursue a series of bold social, economic, and political reforms.

A public opinion survey marking the first anniversary of the October 7th attacks and one year into the "Iron Swords" war.

A recent judgment of the Israeli Supreme Court held that conditions in a notorious detention center must comply with Israeli law.

Jewish Israelis are broadly united (90%) in their belief that launching an in-depth offensive against Hezbollah is the correct move, while the largest share of Arab Israelis (47%) think it was not. A large majority of Israelis, over 70%, think both the IDF and Israel's civilian population would be able to withstand an extended war on two or more fronts.

The connection between October 7th and September 11th are not just in the magnitude of the tragedy and their ongoing global impact, but in the messaging and paradigms introduced into the educational system, as it attempts to tackle this fateful event. The education system has a critical role to play in allowing society to deal constructively with the consequences of the current war.

Israelis are divided on the question of the main reasons for Netanyahu's demand that Israel continues to control the Philadelphi Corridor. While over half of the Jewish respondents (58.5%) think this decision is based on military and strategic considerations, 66.5% of Arab-Israeli respondents thing it is due to political reasons. 

The Prime Minister’s decision to retain the power to determine the parameters and scope of the hostage deal as a “policy issue” disregards the implications such a deal has on security issues. Israeli history underscores the importance of convening the security cabinet and upholding the appropriate democratic channels in times of war.

A special survey conducted in July 2024 evaluated public opinion on the need to establish a commission of inquiry into the tragic events of October 7th, 2024.

Across the Left, Right and Center, rates of Jewish Israelis who say the feel "anger," "disappointment" or "frustration" are considerably higher than those expressing satisfaction, pride, or trust. A large majority of Israelis (70%) support the establishment of an inquiry into the events of Oct. 7th, but do not agree on the timing of such an inquiry. 

The rule of law is a fundamental democratic principle, meaning that all governing bodies are subject to and must comply with the law. Despite the complexities inherent in ongoing war, this is true also of the IDF, and only decisive action against breaches of conduct may protect the rule of law in Israel and Jewish morality. 

Investigating allegations of abuse at the Sde Teiman detention facility is Israel's moral and legal duty as a rule-based democracy and protects the country on the international legal and diplomatic front. 

Across the total sample, 56% of Israelis support a deal to release all the hostages and end the war in Gaza; 29.5% support a deal to release some hostages in exchange for a temporary ceasefire; 14.5% don't know.

A state commission of inquiry is a vital step, but it is up to the public to ensure Israel's leaders are truly held accountable.

If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

The roots of the crisis between Israel and the United States are supposedly in Rafah. But the key to resurrecting the relationship lies far from Gaza, between Moscow and Beijing.

Across the issues of US-relations, the war in Gaza, evacuees from the south and the north, fighting Hezbollah, and public diplomacy efforts abroad—both Jewish and Arab Israelis give the government low grades.

The issuance of additional interim orders in the genocide proceedings underway at the ICJ limits Israel’s operational wiggle room in Rafah, but leaves it with some flexibility in the interpretation and implementation of the new orders.

A serious public and governmental discussion is needed regarding the privatization of internal security governance that we are currently witnessing, and its implications. This privatization threatens us all.

The International Court of Justice in The Hague (ICJ) issued new temporary orders against Israel this week. Justice Barak’s dissenting opinion would seem to offer an important lesson for the future. Professional, focused, and well-founded legal criticism—as opposed to the very different means that are currently being widely discussed and pursued—is likely the best way to deal with the ICJ.

In this article, we wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant, at least as it was presented in the Prosecutor’s short announcement and by the expert report supporting it. 

IDI's Prof. Amichai Cohen, an expert in international law, explains the repercussions that ICC warrants may have on Israel. Should these warrants be issued, 120 countries would be obligated to execute them. They could severely damage Israel's international image, impacting Israeli officials as well as economic and cultural cooperation

The majority of the Jewish public (56%) think that securing a deal for the release of the hostages is the highest priority; a higher share of Jewish respondents think Trump would be better for Israel as US president; most Israelis think that celebrations of Israel's 76th Independence Day should be more restrained and less prominent this year.

We have entered an era of "digital antisemitism." It is driven, first and foremost, by the insufficient enforcement of moderation policies on social media platforms

From damage to scientific collaboration to cancellation of arms deals, arrest warrants for senior Israeli officials from the International Criminal Court in the Hague would pose a serious challenge to Israel

After more than six months of war, we found that among both Jewish (58%) and Arab Israelis (81%) there is widespread agreement that now that the majority of Israeli forces have left the Gaza Strip, the time has come for those who were responsible for the failure of October 7 to resign from their positions.

Slightly more than half of Jewish respondents think that the government is doing all it can to bring the hostages home; only a minority of Arabs concur. Only a minority of Israelis think the government will complete its four-year term and a majority of Israelis think that Hamas has succeeded in refocusing international attention on the Palestinian problem.

IDI's Prof. Karnit Flug, VP of Research and the William Davidson Senior Fellow for Economic Policy joined Jeff Schoenfeld, Chair of the Jewish Federation's Israel and Overseas Committee and Bloomberg's Galit Altstein to discuss the implications of the ongoing war in Gaza on Israel's economy.

The majority of Israelis gave Prime Minister Netanyahu low ratings (57%), while IDF Chief of Staff Herzi Halevi topped the rankings of positive performance (48%). More than two-thirds of Israelis think we are on the verge of an all-out-war with Hezbollah – 69%.

Most Israelis would like to see the exemption given to the Haredi community changed; when asked whether the Israel can continue relying on the US's support, public opinion was divided, with an inclination toward continued reliance; around half of Israelis think Israel's standing in the international arena is not good.

With US arsenals stretched to the limit and other allies lining up for their share, it's time to forge a new defense supply channel.

The US, the UK, France and other states have announced the imposition of economic sanctions on Israeli residents who are believed to be complicit in 'settler violence.' This document aims to outline the framework of international economic sanctions and contextualize the sanctions imposed on Israelis. 

Most Israelis think Palestinian terrorism will remain the same or increase if a Palestinian state were declared. A vast majority (81%) of Israelis think the likelihood of reform in the Palestinian Authority is low, while a majority of Israelis think absolute victory in Gaza is unlikely.

Foreign Israel critics use advancements in AI, including ChatGPT, to misrepresent their actions through Hebrew translations; addressing this requires international laws to make AI developers accountable.

Over the weekend, Moody’s Investors Service announced that it had downgraded Israel’s credit rating from A1 to A2 and assigned it a “negative” credit outlook. Our policymakers would be well advised to study the risk analysis and assessment in Moody’s report closely and to take all possible steps to mitigate the risks. 

Israeli reserve soldiers are making unimaginable sacrifices to protect their country. To rise to the challenge of meeting the IDF's expanded personnel needs, Israel's policy solutions must be as diverse as are the reservists serving this nation. A "one-size-fits-all" compensation approach will not cut it. 

Prof. Tamar Hermann, on Kan English podcast: Most Israelis prioritize a hostage release over toppling Hamas, with 51 percent of Israelis saying they think bringing the hostages home should be the main goal of the war, while 36 percent say toppling Hamas should be the main goal, according to a new survey conducted by the Israel Democracy Institute. At the same time, there are large divides by population sectors, the January 2024 Israeli Voice Index found.

59% of Jewish Israelis oppose a deal that would lead to the establishment of a Palestinian state with guarantees from the US and peace agreements with Arab states such as Saudi Arabia; when asked to choose, 51% of Israelis said they think the main goal of the war should be bringing the hostages home and 36% think it should be toppling Hamas; half of Israelis think the ICJ ruling, issuing temporary measures, to be harsh.

In its order on provisional measures, the Court appeared to engage in transactional justice. It used harsh rhetoric to describe the catastrophic situation in the Gaza Strip while minimizing the impact of the order by adopting ambiguous language on the contents and scope of the plausibility test.

In a few weeks elections will be held in local authorities across Israel. While they were originally scheduled for October 31st, 2023, they were postponed due to the outbreak of war. Elections during wartime raise a slew of challenges that are exceptional to the circumstances. Find out everything you need to know about wartime local elections in Israel.

A decision to allow Palestinian workers back into Israel is not at all a simple matter. Despite recommendations by Israel's security agencies to allow entry to Palestinian workers, the Ministers of Construction and of the Economy oppose it for security reasons. As alternative solutions to the severe shortage of workers are unsatisfactory, we must ask ourselves whether we, as a country, are prepared to withstand another socioeconomic crisis.

While the ICJ decision briefly mentions the immediate context of the lawsuit, namely the Hamas attack on October 7, 2023, Judge Barak directs them to the full picture that they did not address. He writes about the events of October 7 as Israelis know them to be true.

While neither Israel nor South Africa achieved a complete win, one thing is clear: the story of Israel before the ICJ is only beginning

Prof. Amichai Cohen, a senior fellow at the Israel Democracy Institute and an expert in international law, made the following comments on the International Court of Justice (ICJ) decision today regarding provisional measures in the case of South Africa v. Israel on the Application of the Genocide Convention.

On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa’s genocide case against Israel. Joining the Just Security Podcast to discuss the Court’s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and IDI's Yuval Shany.

Beyond the fact that the Torah does not make the call to commit genocide, the Tanach and its interpretations in fact obligate the Jewish people to abide by the laws of war. To a large extent, humanity's earliest laws of war can be found in the Bible. 

Most Jewish Israelis expect the war to continue for months, while a majority of Jewish respondents oppose a deal for the release of the hostages in return for the release of all Palestinian prisoners and a cessation of the fighting in Gaza. Meanwhile, over 60% of Israelis claim that their personal lives have returned to normal. 

This survey was conducted in order to assess public opinion regarding the preferred economic policy in light of the war in Gaza, to identify the main areas of concern to the public, and to examine the public’s views on various social issues.

The International Court of Justice (ICJ) at the Hague held public hearings in the case against Israel for alleged violations of the Genocide Convention. In this essay we address three aspects of the case: the ways the parties framed the events, the request to suspend Israeli military operations, and the conditions for issuing provisional measures. 

Recently, a new answer to the dilemma of the 'modern Haredi' has been advanced enthusiastically by Rabbi David Leibel, one that maintains religiosity while increasing civic participation in the economy and in defense of Israel. 

One of the claims brought forth in the Application against Israel that it is committing genocide against the Palestinians is that many senior members of the government made references to the biblical precept to wipe out the memory of the ancient Amaleks. This is my professional opinion on the meaning of these locutions and the use made of them in the Application. 

On January 11th, the court will begin by hearing South Africa’s oral argument, with Israel presenting its counter argument on January 12th.

What does the international law state and what are the possible implications of these proceedings on the ongoing war and Israel’s international standing? We’ve compiled a shortlist of important information you should have.

The ICJ is hearing allegations that Israel has violated the Convention on the Prevention and Punishment of the Crime of Genocide. What is the ICJ? How is the government responding? What are the implications for the war against Hamas and Israel’s international standing?
All the answers in a special IDI explainer.

While we entered this war more divided than ever – and with large numbers even saying that they believed civil war to be a possibility – Israelis today are united in their determination to win.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

The recent application by South Africa to the International Court of Justice brought against Israel under the Genocide Convention illuminates how international law and international institutions can be employed to address the Israel-Hamas war.

About two-thirds (66%) of Israelis say they do not think Israel should agree to US demands to shift to a phase of the war with a reduced heavy bombing in populous areas. 75% of Jewish Israelis oppose meeting the demands, compared to only 21% of Arab Israelis.

The horrific October 7 massacre undoubtedly surpasses the savagery of any other wave of terrorism Israel has ever seen. In the face of barbarity, we are called to challenge prevailing conventions, to abandon simplistic arguments, and to move toward more complex ideas that may light the path for some of us.

The need for expanded IDF service is clear—but the options for achieving this are rife with political contention and economic consequences. The time to rethink long-term security arrangements is after the fog of war lifts, under newly elected leaders with broad public legitimacy. 

56% of all Arab Israelis say the attack by Hamas on October 7 does not reflect Arab society, the Palestinian people, and the Islamic nation. 33% say it does and 11% are unsure.

International law is a normative system that regulates the conduct between states, organizations recognized by international law and at times, individuals. This explainer presents an overview of international law in conflict and its application in Israel's war against Hamas.   

Two thirds of Israelis do not think that the government currently has a clear plan of action for the next day and the majority, even on the right, believe elections should be held as soon as the war ends. Even so, no significant movement is currently indicated between the political blocs. 

Is the IDF acting legally and ethically in Gaza? The Times of Israel recently held an hour-long webinar on this topic with IDI's Prof. Amichai Cohen.

During the October 7^th attacks, the home front became the front line with Israelis attacked in their own homes. This new reality led not only to a beefed-up presence of police and military forces in public spaces, but to civilian-based security initiatives in many communities. Finding the right balance between the police and civilians is imperative to providing much-needed safety and security for all Israelis.

This article discusses the responsibilities of the international community with respect to the ongoing war in Gaza, and particularly focusing on responsibilities with regard to the hostage situation. 

In recent weeks, since the outbreak of the war in Gaza, some 800 new civilian defense squads have been set up throughout Israel. Each squad consists of local residents who serve as civilian operational reserve forces, available for rapid deployment to assist national security forces during security events and emergency situations.

Among Jewish Israelis, 75% on the Left support making progress toward a two-state solution to the conflict in return for American assistance, compared to 45% in the Center and only 21% on the Right.

Attempts by the Prime Minister to influence the Chief Censor may indicate a concerning erosion of the Military Censor’s independence and professionalism. Clearly, state secrets must be protected, especially during war, but there are better ways for this to be accomplished, more suited to a democratic state.

Israeli leaders are calling for the end of disinformation in the war while shaking hands with the man behind so much of it - Elon Musk. The current war has turned X into a human behavior experiment, and we are the lab rats. 

The Nation-State Law includes a clause that declares the state's obligation to care for all Jewish people and all Israeli citizens whenever they are in jeopardy due to either their Jewish identity or Israeli citizenship. This does not impose a legal obligation, but it does reflect this special value which must not be lost during this war. 

IDI's fifth War in Gaza survey finds that among Jewish Israelis, toppling Hamas and releasing the hostages are pivotal war-goals. The majority of respondents do not think that the government currently has a clear action for the day after the fighting ends, and there is rising support (56%) for an amendment to the Nation-State Law, to safeguard equality for non-Jewish citizens. 

Israel's non-Jewish minorities—particularly those who are fighting and dying for the State of Israel—are worthy of appreciation and recognition, not separately, but as equals. The solution is to amend the Nation State Law, not to pass a new, separate basic law as is currently under consideration.

Tendentious interpretations of international law are not surprising considering the high emotions surrounding the long and bloody Israeli-Palestinian conflict. However, to serve its purpose guiding the conduct of States and retain a high degree of legitimacy, international law must serve as a common legal language. 

Appeals to the HCJ to intervene in decisions relating to the release of prisoners are fairly common, but the Court has repeatedly rejected these appeals, noting that on issues of national defense and diplomacy, the bounds for judicial oversight are particularly narrow. 

Conciliation between Jews and Arabs in Israel is not just a moral imperative, but also a necessary condition for maintaining peace and stability in the country.

The Israeli war cabinet and the complex institutional structure related to war informs greatly on Israel’s decision-making.

Now, when it is clear that Hamas’s murderous attack was unprecedented in its extreme violence, including sexual violence, the relevant international bodies—such as the UN Security Council, UN Women, and the International Red Cross—must respond to these incidents.

From network hacking to disinformation, Israel is unprepared for combat in today's fourth dimension of warfare.

The state has a moral and ethical duty of the highest order to act as quickly as possible to free and return all the hostages and the missing. But what is the legal mechanism that should be applied when agreeing deals to secure their release which also involve freeing Palestinian prisoners from Israeli prisons?

The political mainstream in Arab society identifies with the Palestinian cause, namely the struggle for a two-state solution and peace between Israel and the Palestinians. The vast majority of Arab citizens strongly criticizes Hamas’ practices and completely rejects Hamas’ militant approach to the Israeli-Palestinian conflict.

A majority of the Jewish public think the government's focus on the judicial overhaul had a critical impact on the timing of Hamas' Oct. 7th attack. Support for negotiations for the release of the hostages in Gaza has risen, but most think the fighting should not stop. 

The divide between Israel's Haredi (ultra-Orthodox) public and the Haredi establishment and political leadership has never been more striking. Many parts of Haredi society have joined the national war efforts while the Haredi political leadership have acted as if nothing has happened. 

The paradigm of reliance on technology for our security seems to have led us to a point in which infinite data points and technological tools are at our disposal failed to produce a response. It is of course essential to continue investing in technological superiority, but this needs to be done with a clearer head.

The heads of the established traditional Haredi yeshivot have instructed their institutions to continue studies as normal during the current state of emergency, in accordance with the belief in the power of Torah study to protect the people of Israel. By contrast, the messages heard from various other rabbis reflect an understanding of changing needs and offer a blueprint for a new leadership vision.

The ongoing war highlights the transformation of technology giants, once American-based corporations, into international entities. Within the Western aid package to Israel, it is imperative to enforce global accountability upon these companies

Israel's new firearms regulations now allow hundreds of thousands of citizens to carry handguns, without the necessary checks or oversight. They have been passed too rapidly during the current emergency, without enough thought about the dangerous consequences of dramatically expanding eligibility for a handgun license.

The ongoing war poses unprecedented challenges—military, civilian, geopolitical, and economic. Our focus is on providing necessary responses to the needs of the military, the needs of those directly affected in combat areas, mitigating the financial damage to businesses and employees, and rebuilding the communities destroyed on October 7.

The October 2023 edition of the Israeli Voice Index shows that a significant majority of Jewish Israelis trust the heads of the IDF over PM Netanyahu. If elections were to be held today, a majority of Israelis (55%) would vote for the same bloc they voted for in the last elections.

The current round of violence between Hamas and Israel has already given rise to many expressions of legal opinion. In this essay, we map some key assumptions and unpack how they can significantly affect ongoing legal debates and deliberations. 

The government of Israel must recognize the strategic importance of agriculture, the food sector, and other industries producing goods that are vital for the country’s security and for the continued functioning of the business sector during times of emergency and war

A growing number of Haredi men are volunteering for the IDF following the outbreak of the war against Hamas. This trend may signify that the “modern Haredi” phenomenon may be developing into a real movement.  

International law does not forbid the evacuation of residents to the southern Gaza Strip; on the contrary, it would appear to demand of Israel that it warns residents and encourages them to leave.

Details and clarifications on the international crimes committed by the Hamas in their abduction of Israeli civilians, and the responsibilities attached to these crimes.

Hamas’s horrendous October 7 attack on Israeli civilians and Israel’s anticipated response pose a unique challenge to scholars and practitioners of the Law of Armed Conflict or International Humanitarian Law (IHL), possibly a challenge they have never faced before.

Despite being at war, more Israelis are optimistic about the future of the country than earlier this year, yet most Israelis (64%) fear for their physical safety or that of their immediate family members.

Policing does not usually involve battles with terrorists. But the unique situation in Israel has shaped the role of our police officers to include internal security missions. What are the skills and capabilities required of police officers in Israel? Do they have sufficient funding? Those are some of the questions Israeli society must attend to once the current crisis is over. 

Justice Hayut's retirement from the presidency of the Supreme Court was well-known in advance, however, the Minister of Justice's refusal to convene the Judicial Selection Committee leaves Israel with a temporary replacement during a national emergency.

The article explores the applicability of international human rights law (IHRL) to the atrocities committed by Hamas on October 7, 2023. Such an analysis is important to fill in gaps in IHL and to establish the jurisdiction of IHRL mechanisms over the violations committed. 

What is a special state of emergency and who declares it?

Minister of Justice Levin declared a "special state of emergency" on October 7th, which has since been extended and is currently valid until October 20th. How does this affect the justice system in Israel?

The main demand made by Benny Gantz, chair of the National Unity party, for entering an emergency government is the establishment of a war cabinet. Why is this important and what would the powers of a war cabinet be? 

Is the operation in Gaza a war, who is authorized declare war and what is the role of the cabinet and the government after war is declared?

The government has once again declared a "special home front situation" as the war in the north intensifies. What does this mean?

As the brutal attack from Gaza continues, the possibility of a change in the composition in the government is being bandied about. What kind of government is possible and what has been done in the past?

As the international community ponders Gaza’s post-war future, Israelis are increasingly focused on what the ‘day after’ holds for their politics and society.

It is no surprise that the civil service has suffered a severe blow as the current hostilities continue. In light of recent actions aimed at undermining the public sector, immediate action must be taken to address this situation in order to restore social resilience.