Israel, Hizbollah, and the Second Lebanon War

Hebrew University International Law Research Paper No. 10-08

Yearbook of International Humanitarian Law, Vol. 9, 2006

29 Pages Posted: 2 Oct 2008

See all articles by Yael Ronen

Yael Ronen

Academic Center for Science and Law, Hod Hasharon; Hebrew University of Jerusalem - Faculty of Law, Minerva Center

Date Written: 2006

Abstract

This article analyses ius in bellum questions arising from the 2006 war in Lebanon between Israel and Hizbollah. In particular, it examines Israel's claim to self-defence, Hizbollah's and Lebanon's international responsibility for the attack to which Israel responded. The analysis highlights the evolving role of irregular forces, and its impact on existing international legal norms. In particular, the Lebanon conflict re-introduces, albeit with new characteristics, an old challenge, namely the regulation of conflict between a state on the one hand, and an irregular force acting from the territory of a passive neighboring state, on the other hand. Tentative conclusions offered are that the wide acceptance of Israel's claim to self-defence, in a marked difference to past reactions, reflects the shifting attitudes towards acts of irregular military forces, particularly when characterized as terrorist acts. Second, there appears to be greater acknowledgement that the term 'armed attack' must be interpreted with elasticity to accommodate not new, but increasingly visible, phenomena. Finally, the recognition of a right to self-defence against an irregular force requires a more careful exploration of the relationship between the victim state and the host state. For example, the extensive criticism of Israel's excessive use of force may eventually overshadow the acknowledgement of its right to self-defence. This conflict is therefore likely to play a role in the development of international law in many of the issues considered here.

Keywords: Israel, Lebanon, Hizbollah, ius ad bellum, armed attack, self defence, State responsibility, non-State actor, irregular forces

Suggested Citation

Ronen, Yael, Israel, Hizbollah, and the Second Lebanon War (2006). Yearbook of International Humanitarian Law, Vol. 9, 2006; Yearbook of International Humanitarian Law, Vol. 9, 2006. Available at SSRN: https://ssrn.com/abstract=1275761

Yael Ronen (Contact Author)

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

Hebrew University of Jerusalem - Faculty of Law, Minerva Center ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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