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26 Conn. J. Int'l L. 367 (2010-2011)
Legal Operational Advice in the Israeli Defense Forces: The International Law Department and the Changing Nature of International Humanitarian Law

handle is hein.journals/conjil26 and id is 371 raw text is: LEGAL OPERATIONAL ADVICE IN THE ISRAELI DEFENSE FORCES: THE INTERNATIONAL LAW DEPARTMENT AND THE CHANGING NATURE OF INTERNATIONAL HUMANITARIAN LAW Amichai Cohen* Abstract The International Law Department (ILD) of the Israel Defense Forces (IDF) is a small unit of lawyers, entrusted with implementing the Laws of Armed Conflict within the IDF, through legal operational advice. This article analyzes the history and character of this unit, in view of recent operations of the IDF, and accusations of war crimes waged against IDF officers. The article suggests that the work of the ILD should be seen as part of the internalization of the Laws of Armed Conflict within Israeli society. The Laws of Armed Conflict have significantly developed in recent years. However, these developments are sometimes vague, and lack domestic legitimacy. ILD lawyers both interpret the relatively vague notions of the international law, and contribute to the creation of new legal norms. This process of internalization is essential in the attainment of legitimacy to the Laws of Armed Conflict, and to the transformation of domestic Israeli perceptions about this part of international law. The article also suggests how to improve the performance of the ILD, thereby enabling it to improve its performance and the process of internalization. I. INTRODUCTION Sometimes, when I play chess with my sons (or on the rare occasions they are willing to play each other) a peculiar thing happens: a pawn is threatened by one of the players. In our non-professional version of the game, winning or losing a pawn will not determine the outcome of the game. And yet, my sons deploy bishops, knights and rooks to defend or attack this single pawn, which becomes the focus of the entire game. No regard is paid to other possibilities on the board. * Assistant Professor of Law, Ono Academic College, Israel. Much of the work on this article was done while spending a year as a visiting Professor at American University- Washington College of Law. I would like to thank the Law School and especially Dean Claudio Grossman for their generous support. I want to thank Professors Eyal Benvenisti, Gabriella Blum, Stuart Cohen, Yuval Shany as well as participants in the Washington College of Law's seminar for their comments. I wish also to thank many former ILD officers who wished to remain anonymous for the information they gave me. When basing information on these interviews, the footnote acknowledges that is based on an interview with an anonymous lawyer. 367

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