Israel's National Security Law by Amichai Cohen Stuart Cohen

Author:Amichai Cohen, Stuart Cohen [Amichai Cohen, Stuart Cohen]
Language: eng
Format: epub
Tags: History, Middle East, Israel & Palestine
ISBN: 9780415549141
Google: eY1b5gRgjOIC
Publisher: Routledge
Published: 2012-01-15T15:53:52+00:00

6 Legalization, 1995–2008

As from the mid-1990s an increasing proportion of national security issues in Israel were regulated by a steadily growing variety of legal mechanisms: statutes, ISC decisions and, albeit in a more attenuated sense, pronouncements issued by international legal tribunals. Even in the new environment thus created, nuclear affairs remained an enclave of traditionally unfettered executive decision and action. Where other aspects of national security policy-making and policy-implementation were concerned, however, the autonomy once enjoyed by the executive and its agencies became progressively circumscribed by a process of legalization.

Whilst several circumstances contributed to that shift, undoubtedly its primary cause was the willingness (and sometimes eagerness) of the ISC to intervene in most facets of national security conduct. The present chapter examines the reasons for the court's behavior, itemizes the various stages in the legalization process for which it was responsible, and analyzes the responses that it elicited from both the legislature and the executive.

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