International Law

International Law and WMD Attacks on Israel

| April 24, 2018

In the years ahead, Israel could face the growing prospect of WMD terrorism – i.e., attacks involving chemical, biological, or even nuclear weapons. In this connection, it is vital that Israeli officials do their utmost to prevent perfidious enemy manipulations of humanitarian international law. This is especially urgent with regard to enemy use of “human shields,” an illegal form of military deception that could be used to deter Israeli retaliation. Perfidy can originate with both state and sub-state foes, and could conceivably involve primitive nuclear devices such as “dirty bombs” (weapons that do not involve genuine chain reactions, but instead attach conventional explosives to fissile materials).

Are Israeli Raids on Syrian Targets Legal?

| March 23, 2017

Israel’s recent raids against Syrian targets are lawful and law-enforcing. Facing an increasingly dangerous Hezbollah, Jerusalem correctly understands that even a failed state has legal obligations not to assist in terrorist assaults against Israel. These obligations, concerning Syria in particular, are authoritatively codified in treaty-based and customary international law. Moreover, in consequence of Syria’s active and unambiguous complicity with Hezbollah, Israel has a corresponding obligation to prevent and/or mitigate such terrorist crimes. This obligation, which Israel is undertaking well within the limitations of humanitarian international law, is owed both to citizens of the Jewish State and to the broader community of nations.

Settlements Elsewhere: International Reaction to Population Transfer in Occupied Territories

| September 4, 2014

Settlements Elsewhere: International Reaction to Population Transfer in Occupied Territories    Lecture on Thursday, September 4, 2014 at 5:00 pm by Professor Eugene Kontorovich   BESA Center Seminar Room (Building 203, Room 131) Bar Ilan University   Eugene Kontorovich is a professor at Northwestern University Law School and a Senior Fellow at the Kohelet Policy Forum.

The Levy Report: Reinvigorating the Discussion of Israel’s Rights in the West Bank

| July 31, 2012

The Commission to Examine the Status of Building in Judea and Samaria (the “Levy report”) reinvigorates the discussion of the legitimacy of Israel’s position regarding settlements under international law, after many years in which Israel has been silent about its legal rights.

The Iranian Nuclear Threat to Israel: Legal Remedies and Remaining Options

| January 16, 2012

Israel should not expect stable coexistence with a nuclear Iran. Instead, it must enhance active defense, improve nuclear deterrence and target selected Iranian infrastructures.

Is It Time to Update the 1985 US-Israel Free Trade Agreement, in View of EU Neighborhood Policy?

| June 29, 2009

The 25-year-old Israel-US Free Trade Agreement remains solid, and it is not in Israel’s interests to open its terms for renegotiation.

Warfare Through Misuse of International Law

| March 23, 2009

International law is being manipulated by radical Arab and Islamic ideologues, dictators and tyrants, to subvert real justice and attack Israel and Western democracies; to achieve objectives that they cannot pursue militarily. This “lawfare” must be countered with determination and no apologies.

Proportionality in the Modern Law of War: An Unenforceable Norm, or the Answer to Our Dilemma?

| August 15, 2006

“Proportionality” has become a common term, widely used by human rights organizations, politicians, soldiers and laypersons, but its precise legal meaning is little understood. The goal of this paper is to clarify the parameters of the use of the term and identify the problems confronting attempts to apply it. The final section of the paper mentions various solutions to these problems and alludes to the concept’s application in the context of the present war between Israel and Hizballah.