Eitan Barak - Academia.edu (original) (raw)

Papers by Eitan Barak

Research paper thumbnail of Where Do We Go From Here?

Security Studies, Oct 1, 2003

AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the internationa... more AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the international community now faces, for the first time, the possibility of eliminating an entire class of weapons of mass destruction (WMD). The first-ever globally verified disarmament regime for CW emerged with the implementation of the 1993 Chemical Weapons Convention (CWC). The convention, which became effective on 29 April 1997, bans not only the use but also the production and possession of CW. Moreover, it calls for the elimination of all current CW stocks within ten years, by 29 April 2007. Given that it now comprises 164 state parties and 18 signatories, the CWC seems to be on the way to becoming a comprehensive and robust security regime, similar to the nearly universal nuclear Non-Proliferation Treaty (NPT).

Research paper thumbnail of The Freedom that Never Was: Israel's Freedom of Overflight Over the Straits of Tiran Prior to the Six Day War

Journal of Contemporary History, 2008

Research paper thumbnail of None to Be Trusted: Israel's Use of Cluster Munitions in the Second Lebanon War and the Case for the Convention on Cluster Munitions

Social Science Research Network, Jun 1, 2010

Research paper thumbnail of Deadly Metal Rain: The Legality of Flechette Weapons in International Law

Excerpt of table of contents: Acknowledgments List of Cases List of Treaties List of Abbreviation... more Excerpt of table of contents: Acknowledgments List of Cases List of Treaties List of Abbreviations List of Illustrations and Maps Introduction Part I. Flechette Weapons: Factual and Legal Background 1. The weapon's Features and History 2. From Intense Controversy to Oblivion:The International Community's Attempts to Ban Flechettes 3. Concluding Remarks Part II: Flechette Weapons: The Israeli Case 4. Israel's Policy 5. The Internal Legal Battle 6. Concluding Remarks Part III: Old Arguments, Fresh Victims and New Findings: The Legality of Flechette Weapons under International Customary Law-A Reappraisal 7. Flechettes and the Principle Prohibiting Unnecessary Suffering 8. Flechettes and the Principle of Distinction Summary and Conclusions Sources and Works Cited Index.

Research paper thumbnail of Caught in the Middle: The United Nations Emergency Force, Israel, and the 1960 “Rotem Crisis”

Diplomacy & Statecraft, Jul 1, 2006

The refusal of the UN forces in Lebanon to accede to Israel's request to provide information ... more The refusal of the UN forces in Lebanon to accede to Israel's request to provide information on events they were witness to (the October 2000 abduction of three Israeli soldiers on the border), and the subsequent crisis between the two, are not unprecedented. A much more severe crisis broke out in 1960 after nearly the entire Egyptian army surprisingly deployed a few kilometres behind the UN Emergency Force's (UNEF) posts along the border with Israel in Sinai. Israel hurried to request UNEF to provide information—considered crucial to its survival—on this deployment, but was refused. The author reviews this unknown incident and tracks on the diplomatic efforts made by the then UN Secretary-General, Dag Hammarskjöld alongside about UNEF's role and functions in this affair. He examines the UN's refusal and concludes that while the Egyptians did partially violate some informal understandings with the UNSG, it was indeed justified.

Research paper thumbnail of Getting the Middle East Holdouts to Join the CWC

Bulletin of the atomic scientists, 2010

Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement ... more Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement is possible. Breaking this impasse would be a powerful move toward a universal ban on chemical weapons.

Research paper thumbnail of Between Reality and Secrecy: Israel's Freed of Navigation through the Straits of Tiran, 1956-1967

Middle East Journal, Oct 1, 2007

... UN Archives and Records Centre for their assistance in the conduct of this research as weil a... more ... UN Archives and Records Centre for their assistance in the conduct of this research as weil as to my research assistants Naomi Krieger and Gal ... 1. For the common perception of a clear definition of a casus belli see, for example, Yair Ev-ron, The Demilitarization oi Sinai 1957 ...

Research paper thumbnail of Doomed to Be Violated - The U.S.-Israeli Clandestine End-User Agreement and the Second Lebanon War: Lessons for the Convention on Cluster Munitions

Denver Journal of International Law and Policy, Dec 22, 2009

Research paper thumbnail of Israel’s Freedom of Passage in the Suez Canal, 1957–1967

Research paper thumbnail of The Suez Canal: Past Lessons and Future Challenges

Palgrave Studies in Maritime Politics and Security

The introduction of non-native species is among the main direct drivers of biodiversity change. O... more The introduction of non-native species is among the main direct drivers of biodiversity change. Off the Israeli coast 445 non-native species were recorded thus far, more than anywhere in the Mediterranean Sea. The number of recorded introductions has been rising inexorably, tripling since the 1970s. Nearly all have been introduced through the ever-enlarged Suez Canal. Worldwide there is no other vector of marine bioinvasions that delivers as high a propagule supply for so long to a certain locale. Once established, the non-native species are unlikely to be contained or controlled and their impacts are irreversible. The Canal-introduced species form prominent micro-communities and biological facies in most littoral habitats, some have been documented to displace or reduce populations of native species, alter community structure and food webs, change ecosystem functioning and the consequent provision of goods and services—profound ecological impacts that undermine the goals of sustain...

Research paper thumbnail of None to Be Trusted: Israel\u27s Use of Cluster Munitions in the Second Lebanon War and the Case for the Convention on Cluster Munitions

Israel\u27s extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impet... more Israel\u27s extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impetus for drafting the 2008 Convention on Cluster Munitions (CCM). Israel, blamed for severe humanitarian post-conflict harm to civilians in South Lebanon, simultaneously faced an extensive diplomatic entanglement with the U.S. based on suspicions that Israel had violated U.S. legislation as well as a classified bilateral end-use agreement specifying the conditions of use of U.S.-made CMs. Relying on numerous sources, especially the recent declassified (June 2008) IDF\u27s Military Advocate General\u27s legal opinion into whether Israel\u27s CM use complied with International Humanitarian Law (IHL) and the 2008 Israel\u27s Inquiry Commission into the 2006 War final report, this Article lists seven intriguing lessons learned from that War regarding the legality of CM under IHL. These lessons also highlight the fundamental differences in the approaches taken by CCM supporters vis-á-vis the U....

Research paper thumbnail of The Forgotten Diplomatic Battle : Israel , Egypt and the Freedom of Navigation through the Suez Canal , 1957-1967

Research paper thumbnail of Israel’s Military Doctrine

Israel Journal of Foreign Affairs, 2020

Research paper thumbnail of On the Power of Tacit Understandings – Israel, Egypt and Freedom of Passage through the Suez Canal, 1957-1960

The Middle East Journal, 2004

Following the Suez War of 1956, Israel demanded freedom of navigation through the Suez Canal. By ... more Following the Suez War of 1956, Israel demanded freedom of navigation through the Suez Canal. By July 1957, a tacit understanding was reached in which Egypt acquiesced to passage of Israeli goods on foreign ships. Nevertheless, in March 1959, the Egyptians suddenly breached the agreement. The UN Secretary General subsequently formulated a new tacit arrangement: the “effective stand.” Egypt refused to “play the game” while Israel refrained from military response, recognizing that such a response could endanger the two countries' only shared interest: an aversion to war.

Research paper thumbnail of Between Reality and Secrecy: Israel's Freed of Navigation through the Straits of Tiran, 1956-1967

The Middle East Journal, 2007

... UN Archives and Records Centre for their assistance in the conduct of this research as weil a... more ... UN Archives and Records Centre for their assistance in the conduct of this research as weil as to my research assistants Naomi Krieger and Gal ... 1. For the common perception of a clear definition of a casus belli see, for example, Yair Ev-ron, The Demilitarization oi Sinai 1957 ...

Research paper thumbnail of Deadly metal rain: the legality of flechette weapons in international law

Medicine, Conflict and Survival, 2011

between the front and the Fatherland, in medicine as elsewhere. Many university physicians writin... more between the front and the Fatherland, in medicine as elsewhere. Many university physicians writing papers for medical journals combined medical information with political ideology, making a stand for Kaiser and Fatherland. The doctors working at the front were far too busy with crisis management for this and anyway they were well aware of the hardships the soldiers had to endure – they often endured them themselves. In short, this book is a valuable contribution to the knowledge of medicine during war in general and World War One in particular.

Research paper thumbnail of Under cover of darkness: The Israeli supreme court and the use of human lives as ‘Bargaining Chips’

The International Journal of Human Rights, 1999

... is currently restricted only in relation to Lebanese detainees and other nationals.45 Therefo... more ... is currently restricted only in relation to Lebanese detainees and other nationals.45 Therefore, since the middle of 1991, when the Lebanese were held ... hands of the Association for Civil Rights in Israel and it is currently being handled by one of its former lawyers (Zvi Rish) who ...

Research paper thumbnail of Getting the Middle East Holdouts to Join the CWC

Bulletin of the Atomic Scientists, 2010

Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement ... more Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement is possible. Breaking this impasse would be a powerful move toward a universal ban on chemical weapons.

Research paper thumbnail of Where Do We Go From Here?

Security Studies, 2003

AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the internationa... more AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the international community now faces, for the first time, the possibility of eliminating an entire class of weapons of mass destruction (WMD). The first-ever globally verified disarmament regime for CW emerged with the implementation of the 1993 Chemical Weapons Convention (CWC). The convention, which became effective on 29 April 1997, bans not only the use but also the production and possession of CW. Moreover, it calls for the elimination of all current CW stocks within ten years, by 29 April 2007. Given that it now comprises 164 state parties and 18 signatories, the CWC seems to be on the way to becoming a comprehensive and robust security regime, similar to the nearly universal nuclear Non-Proliferation Treaty (NPT).

Research paper thumbnail of The Freedom that Never Was: Israel's Freedom of Overflight Over the Straits of Tiran Prior to the Six Day War

Journal of Contemporary History, 2008

Research paper thumbnail of Where Do We Go From Here?

Security Studies, Oct 1, 2003

AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the internationa... more AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the international community now faces, for the first time, the possibility of eliminating an entire class of weapons of mass destruction (WMD). The first-ever globally verified disarmament regime for CW emerged with the implementation of the 1993 Chemical Weapons Convention (CWC). The convention, which became effective on 29 April 1997, bans not only the use but also the production and possession of CW. Moreover, it calls for the elimination of all current CW stocks within ten years, by 29 April 2007. Given that it now comprises 164 state parties and 18 signatories, the CWC seems to be on the way to becoming a comprehensive and robust security regime, similar to the nearly universal nuclear Non-Proliferation Treaty (NPT).

Research paper thumbnail of The Freedom that Never Was: Israel's Freedom of Overflight Over the Straits of Tiran Prior to the Six Day War

Journal of Contemporary History, 2008

Research paper thumbnail of None to Be Trusted: Israel's Use of Cluster Munitions in the Second Lebanon War and the Case for the Convention on Cluster Munitions

Social Science Research Network, Jun 1, 2010

Research paper thumbnail of Deadly Metal Rain: The Legality of Flechette Weapons in International Law

Excerpt of table of contents: Acknowledgments List of Cases List of Treaties List of Abbreviation... more Excerpt of table of contents: Acknowledgments List of Cases List of Treaties List of Abbreviations List of Illustrations and Maps Introduction Part I. Flechette Weapons: Factual and Legal Background 1. The weapon's Features and History 2. From Intense Controversy to Oblivion:The International Community's Attempts to Ban Flechettes 3. Concluding Remarks Part II: Flechette Weapons: The Israeli Case 4. Israel's Policy 5. The Internal Legal Battle 6. Concluding Remarks Part III: Old Arguments, Fresh Victims and New Findings: The Legality of Flechette Weapons under International Customary Law-A Reappraisal 7. Flechettes and the Principle Prohibiting Unnecessary Suffering 8. Flechettes and the Principle of Distinction Summary and Conclusions Sources and Works Cited Index.

Research paper thumbnail of Caught in the Middle: The United Nations Emergency Force, Israel, and the 1960 “Rotem Crisis”

Diplomacy & Statecraft, Jul 1, 2006

The refusal of the UN forces in Lebanon to accede to Israel's request to provide information ... more The refusal of the UN forces in Lebanon to accede to Israel's request to provide information on events they were witness to (the October 2000 abduction of three Israeli soldiers on the border), and the subsequent crisis between the two, are not unprecedented. A much more severe crisis broke out in 1960 after nearly the entire Egyptian army surprisingly deployed a few kilometres behind the UN Emergency Force's (UNEF) posts along the border with Israel in Sinai. Israel hurried to request UNEF to provide information—considered crucial to its survival—on this deployment, but was refused. The author reviews this unknown incident and tracks on the diplomatic efforts made by the then UN Secretary-General, Dag Hammarskjöld alongside about UNEF's role and functions in this affair. He examines the UN's refusal and concludes that while the Egyptians did partially violate some informal understandings with the UNSG, it was indeed justified.

Research paper thumbnail of Getting the Middle East Holdouts to Join the CWC

Bulletin of the atomic scientists, 2010

Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement ... more Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement is possible. Breaking this impasse would be a powerful move toward a universal ban on chemical weapons.

Research paper thumbnail of Between Reality and Secrecy: Israel's Freed of Navigation through the Straits of Tiran, 1956-1967

Middle East Journal, Oct 1, 2007

... UN Archives and Records Centre for their assistance in the conduct of this research as weil a... more ... UN Archives and Records Centre for their assistance in the conduct of this research as weil as to my research assistants Naomi Krieger and Gal ... 1. For the common perception of a clear definition of a casus belli see, for example, Yair Ev-ron, The Demilitarization oi Sinai 1957 ...

Research paper thumbnail of Doomed to Be Violated - The U.S.-Israeli Clandestine End-User Agreement and the Second Lebanon War: Lessons for the Convention on Cluster Munitions

Denver Journal of International Law and Policy, Dec 22, 2009

Research paper thumbnail of Israel’s Freedom of Passage in the Suez Canal, 1957–1967

Research paper thumbnail of The Suez Canal: Past Lessons and Future Challenges

Palgrave Studies in Maritime Politics and Security

The introduction of non-native species is among the main direct drivers of biodiversity change. O... more The introduction of non-native species is among the main direct drivers of biodiversity change. Off the Israeli coast 445 non-native species were recorded thus far, more than anywhere in the Mediterranean Sea. The number of recorded introductions has been rising inexorably, tripling since the 1970s. Nearly all have been introduced through the ever-enlarged Suez Canal. Worldwide there is no other vector of marine bioinvasions that delivers as high a propagule supply for so long to a certain locale. Once established, the non-native species are unlikely to be contained or controlled and their impacts are irreversible. The Canal-introduced species form prominent micro-communities and biological facies in most littoral habitats, some have been documented to displace or reduce populations of native species, alter community structure and food webs, change ecosystem functioning and the consequent provision of goods and services—profound ecological impacts that undermine the goals of sustain...

Research paper thumbnail of None to Be Trusted: Israel\u27s Use of Cluster Munitions in the Second Lebanon War and the Case for the Convention on Cluster Munitions

Israel\u27s extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impet... more Israel\u27s extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impetus for drafting the 2008 Convention on Cluster Munitions (CCM). Israel, blamed for severe humanitarian post-conflict harm to civilians in South Lebanon, simultaneously faced an extensive diplomatic entanglement with the U.S. based on suspicions that Israel had violated U.S. legislation as well as a classified bilateral end-use agreement specifying the conditions of use of U.S.-made CMs. Relying on numerous sources, especially the recent declassified (June 2008) IDF\u27s Military Advocate General\u27s legal opinion into whether Israel\u27s CM use complied with International Humanitarian Law (IHL) and the 2008 Israel\u27s Inquiry Commission into the 2006 War final report, this Article lists seven intriguing lessons learned from that War regarding the legality of CM under IHL. These lessons also highlight the fundamental differences in the approaches taken by CCM supporters vis-á-vis the U....

Research paper thumbnail of The Forgotten Diplomatic Battle : Israel , Egypt and the Freedom of Navigation through the Suez Canal , 1957-1967

Research paper thumbnail of Israel’s Military Doctrine

Israel Journal of Foreign Affairs, 2020

Research paper thumbnail of On the Power of Tacit Understandings – Israel, Egypt and Freedom of Passage through the Suez Canal, 1957-1960

The Middle East Journal, 2004

Following the Suez War of 1956, Israel demanded freedom of navigation through the Suez Canal. By ... more Following the Suez War of 1956, Israel demanded freedom of navigation through the Suez Canal. By July 1957, a tacit understanding was reached in which Egypt acquiesced to passage of Israeli goods on foreign ships. Nevertheless, in March 1959, the Egyptians suddenly breached the agreement. The UN Secretary General subsequently formulated a new tacit arrangement: the “effective stand.” Egypt refused to “play the game” while Israel refrained from military response, recognizing that such a response could endanger the two countries' only shared interest: an aversion to war.

Research paper thumbnail of Between Reality and Secrecy: Israel's Freed of Navigation through the Straits of Tiran, 1956-1967

The Middle East Journal, 2007

... UN Archives and Records Centre for their assistance in the conduct of this research as weil a... more ... UN Archives and Records Centre for their assistance in the conduct of this research as weil as to my research assistants Naomi Krieger and Gal ... 1. For the common perception of a clear definition of a casus belli see, for example, Yair Ev-ron, The Demilitarization oi Sinai 1957 ...

Research paper thumbnail of Deadly metal rain: the legality of flechette weapons in international law

Medicine, Conflict and Survival, 2011

between the front and the Fatherland, in medicine as elsewhere. Many university physicians writin... more between the front and the Fatherland, in medicine as elsewhere. Many university physicians writing papers for medical journals combined medical information with political ideology, making a stand for Kaiser and Fatherland. The doctors working at the front were far too busy with crisis management for this and anyway they were well aware of the hardships the soldiers had to endure – they often endured them themselves. In short, this book is a valuable contribution to the knowledge of medicine during war in general and World War One in particular.

Research paper thumbnail of Under cover of darkness: The Israeli supreme court and the use of human lives as ‘Bargaining Chips’

The International Journal of Human Rights, 1999

... is currently restricted only in relation to Lebanese detainees and other nationals.45 Therefo... more ... is currently restricted only in relation to Lebanese detainees and other nationals.45 Therefore, since the middle of 1991, when the Lebanese were held ... hands of the Association for Civil Rights in Israel and it is currently being handled by one of its former lawyers (Zvi Rish) who ...

Research paper thumbnail of Getting the Middle East Holdouts to Join the CWC

Bulletin of the Atomic Scientists, 2010

Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement ... more Egypt, Israel, and Syria have yet to fully embrace the Chemical Weapons Convention, but movement is possible. Breaking this impasse would be a powerful move toward a universal ban on chemical weapons.

Research paper thumbnail of Where Do We Go From Here?

Security Studies, 2003

AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the internationa... more AFTER MORE THAN a century of international efforts to ban chemical weapons (CW), the international community now faces, for the first time, the possibility of eliminating an entire class of weapons of mass destruction (WMD). The first-ever globally verified disarmament regime for CW emerged with the implementation of the 1993 Chemical Weapons Convention (CWC). The convention, which became effective on 29 April 1997, bans not only the use but also the production and possession of CW. Moreover, it calls for the elimination of all current CW stocks within ten years, by 29 April 2007. Given that it now comprises 164 state parties and 18 signatories, the CWC seems to be on the way to becoming a comprehensive and robust security regime, similar to the nearly universal nuclear Non-Proliferation Treaty (NPT).

Research paper thumbnail of The Freedom that Never Was: Israel's Freedom of Overflight Over the Straits of Tiran Prior to the Six Day War

Journal of Contemporary History, 2008