After suffering a deadly terrorist attack from the Gaza Strip, Israel’s Security Cabinet declared a state of war on Sunday. The Israeli Prime Minister’s office released the news to the public, stating that the conflict was imposed on the State of Israel. The details can be accessed here.
The authority for this declaration is rooted in Article 40 of the Basic Laws of Israel: The Government (2001), which vests the power to start a conflict in the Government. As part of this executive body, the Security Cabinet is entitled to make this decision. Post the declaration, Israel can now start ‘significant military operations’. In line with this, shortly after the announcement of war, Israeli Minister of Defense, Yoav Gallant issued a statement on his social media, which can be viewed here, saying that he has ordered a ‘complete siege on Gaza’.
The Israeli approach to declaring war varies from numerous other democratic countries, though not unique. For instance, in the United States, Congress bears the responsibility of declaring war, as per Article I of the US constitution. In contrast, at Article 35 of the French constitution, a majority parliament vote is required to authorize a war. Other nations, similar to Israel, allow for executive declarations. For instance, the UK allows its Prime Minister to proclaim war on behalf of the crown by the Royal Prerogative. Many countries permit declarations of war in case they are attacked first. The Turkish president, as per Article 92 of the Turkish constitution, can mobilize the armed forces “if the country is subjected to sudden armed aggression.”
- More on the topic can be found in this JURIST News report.