Doomed to Be Violated? The U.S.-Israeli Clandestine End-User Agreement and the Second Lebanon War: Lessons for the Convention on Cluster Munitions
Hebrew University of Jerusalem
May 13, 2010
Denver Journal of International Law and Policy, Vol. 38, No. 1, Winter 2009
Israel’s extensive cluster munitions (CMs) use in the 2006 Second Lebanon War served as a major impetus for the 2008 Convention on CMs (CCM). It also led to an extensive U.S.-Israeli diplomatic entanglement over Israel’s supposed violations of U.S. legislation, specifically the 1976 classified Bilateral End-User Agreement detailing Israel’s use of U.S.-made CMs. The Article first tracks the Agreement’s inception and the diplomatic crises caused by Israel’s alleged breach since then. The second section provides a detail account of the 2006 crisis while the third analyzes if U.S. legislation was violated. The Article concludes, using a flexible interpretation, that in effect U.S. legislation was not violated and argues that given its out-dated stipulations the Agreement was doomed to be violated under a formal interpretation. More importantly, given the restrictions imposed on Israel by the Agreement, this case provides a unique opportunity to assess the rationale behind the refusal of CCM supporters to accept anything but a total ban on CMs.
Number of Pages in PDF File: 51
Keywords: cluster munitions, Second Lebanon War, Israel, End-User Agreement, U.S.
Date posted: May 16, 2010