Legal Aspects Of The Battles With Hizbollah

2006-07-23

University Of Haifa

Press Release

"Even during the days of battle and periods of war, the Law has important significance. There are even unique laws for times like these", said Professor Ariel Bendor, Dean of Students and former Dean of the Faculty of Law at the University of Haifa. Professor Bendoor highlighted a few points related to legal aspects of the current battles with Hizbollah.

The Authority to Make Decisions in Regard to Conducting Military Actions

The Government and the Minister of Defense are authorized to give orders to the Israeli army (IDF) both on matters of strategy and tactical maneuvers. The Army is under the absolute authority of the civil governmental branches. Yet, the Government and the Minister of Defense are expected to be very moderate in interfering in professional tactical decisions of the Army.

The Activities of the IDF

The activities of the IDF are subject both to the Israeli constitutional and administrative law and to international laws. This is despite the fact that at least the international laws don't systematically settle matters concerning the fight against Terrorism. Under the Israeli and international law, military decisions must take into consideration the interests of the civilian population. The Army isn't allowed to injure civilians. Yet, bombing places from which rockets were fired may be permitted even if these places are within civil residential neighborhoods.

Freedom of Speech and Publication

Freedom of speech and publication in Israel are very wide, even in times of emergency. Thus, the Military Censor is authorized to prevent a publication only if it includes details that most probably will lead to significant security injuries (for example, naming the exact location of the rocket landings just after a hit, which may aid the enemy in launching the next rockets). Yet, at these times of Internet and globalization censorship is difficult to enforce.

Compensation for Damages

Under the Israeli law, there may be a right for compensation from the State for damages caused as a result of military actions or terror activities which were conducted against Israel. It is yet to be known how these allowances will be provided for damages incurred indirectly by the current battles, such as harm to tourism.

Amir Gilat, Ph.D.

Head of Communication and Media Relations
University of Haifa
Tel: + 972 - 4 - 8240092

Source: IMRA – Independent Media Review and Analysis