CYIL vol. 13 (2022)

Veronika D’Evereux CYIL 13 ȍ2022Ȏ motives, or as members of a terrorist organization), and regarding to their extent, which most often involves attacking several (or dozens) individuals. Even more so, it would certainly not be possible to assess the recent phenomenon of the perpetrators who were Arab citizens of the State of Israel in spring 2022 47 as a conflict stipulated by norms of the international law. It would not be possible to consider the application of the regime of national armed conflict, mainly for following reason. The requirements of the intensity of such conflict, the perpetrators’ organization and their military command might not be met. 48 For this reason, in the author’s view, it would be more appropriate to apply national (Israeli) law to this type of conflict. Conclusion Wars, armed conflicts, and acts of violence have accompanied the State of Israel not only since its emergence, but also the inhabitants of its territory even before the creation of the State of Israel. Many neighbouring Arab states have already accepted Israel’s continued presence in the region and have found it more beneficial for them to work with and live in peace with Israel. However, some Arab states continue to maintain hostilities. Terrorist attacks, bombings, missiles, armed acts of violence are almost the order of the day in Israel. Although the attackers are most often not citizens of the State of Israel and there can very often be found some link between the perpetrator of the act of violence and the foreign political party or religious movement. It is not always possible to apply international humanitarian law to these situations. International law can be applied to conflicts between the State of Israel and neighbouring Arab states, such as Syria, Lebanon, and Iran. However, it is not possible to apply the norms of international conflict law between states to acts of bombing and missiles from the Gaza Strip. Nor can the norms of international law of war of national liberation be applied to this due to non-compliance with a formal requirement as to the parties to the conflict. Nor is it possible to apply the rules of international law to most situations in the event of national conflicts due to the frequent cumulative failure to meet the conditions for the application of this law. It can therefore be found that most situations of violent acts between Israel and the Palestinians are therefore more likely to be governed by Israeli national law. From a formal point of view, it would certainly be possible to consider the application of Palestinian national law too, but Palestinian law does not criminalize terrorist acts, and it can be stated that the official government directly supports these acts of violence.

47 It is a question whether this might possibly become a new trend because of the fact that the Arab citizens of the State of Israel have so far been loyal to the State of Israel and no similar conduct has taken place. 48 FUCH, op. cit. sub. 42, p. 270.

72