(From the Yearbook of International Humanitarian Law)

The petitioners claimed that the Government acted unlawfully by not declaring war when it initiated the military campaign in Lebanon on 12 July 2006. The petition concerns the constitutional and economic implications of the absence of a declaration of war. In the hearing, which focused on constitutional law, the State argued that in the view of the Government, the conflict with Hizbollah constituted military action under Article 40(b). The Court declined to intervene in the Government’s discretion in not declaring war.

Article 40 of the "Basic Law: The Government", entitled ‘Declaration of War’, provides:

’(a) The state may only begin a war pursuant to a Government decision.

(b) Nothing in the provisions of this section will prevent the adoption of military actions necessary for the defence of the state and public security.’

Article 40(c) lists the constitutional procedure for declaring war.

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