chapter  4
22 Pages

Israel’s Dichotomous Attitude Toward International Humanitarian Law: Causes, Consequences, and Implications

WithBY AMICHAI COHEN AND STUART COHEN

Almost fifteen years ago, Harold Koh articulated the basic question that forms the crux of interdisciplinary research with respect to the link between international law and politics: Why Do Nations Obey International Law?1

Several major scholarly schools attempt to answer this question, two of which are especially relevant to our discussion: The first is the “realist” school, which posits national interest as the almost sole determinant of compliance with international law. The second, termed the “liberal” school, focuses on societal trends and legitimacy as reasons for state compliance with international law.2