Some Reflections on Self-Defense, Aggression, and the 2006 Israeli Hezbollah War: An International Legal Assessment

Abstract:     
Proportionality as an analytical tool for assessing the legality of armed attacks and responses form a central topic of concern in the Arab-Israeli conflict, where the equivalence between Israel and an armed militia like Hezbollah or Hamas in a given setting are virtually never equivalent.

This essay examines from an international legal standpoint the legality of the IDF’s military assault against Lebanon in July of 2006 from a jus ad bellum and jus in bello perspective. More specifically, it examines whether Israel could lawfully invoke the right of self-defense, taking account of the factual circumstances and justifications proffered by those sympathetic to the Israeli version of events. It also examines the issue of aggression in the context of IDF actions during the war.

Keywords: International Law, Self-Defense, Hezbollah, Israel, Jus in Bello, Proportionality, International Court of Justice, Lebanon, Criminal Law

working papers series