Case Number
HCJ 6204/06
Date Decided
8-1-2006
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: On 12 July 2006, the Hezbollah organization carried out an offensive operation inside the territory of Israel, as a result of which eight Israel Defence Forces (IDF) soldiers were killed and two other soldiers were kidnapped and taken over the border into Lebanon. In response, the IDF began military operations in Lebanon, and the State of Israel was attacked at the same time with thousands of missiles and Katyusha rockets, which caused death and injuries to dozens of Israeli citizens in the north of Israel, as well as substantial damage to property.
The petitioners argued that the government was constitutionally required to make a declaration of war and that it should have taken action to compensate the residents in the north of Israel for the economic losses that they suffered from the Hezbollah attacks.
Held: What constitutes ‘starting a war’ is a complex question. The definition of ‘war’ cannot be separated from the foreign affairs of the state. A government decision that can be interpreted as a declaration of war is likely to have extreme consequences in the sphere of international relations. In any case, the government complied with all the constitutional formalities that would be required by a declaration of war.
The Knesset and the government have enacted legislation to address the compensation of the residents of the north of Israel. There has therefore been a change in the legal position since the petitions were filed. In so far as these arrangements do not satisfy the petitioners, the doors of the court will be open to them.
Petition denied.
Keywords
Administrative Law -- Discretion, Administrative Law -- Judicial review, Constitutional Law -- Government, Constitutional Law -- State of Emergency and National Security
Recommended Citation
Beinisch, Dorit; Arbel, Edna; and Procaccia, Ayala, "Beilin v. Prime Minister" (2006). Translated Opinions. 84.
https://larc.cardozo.yu.edu/iscp-opinions/84
