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Photo: Haifa University
Caution. Bendor
Photo: Haifa University
Photo: Moti Kimchi
Responsibility. Sher
Photo: Moti Kimchi
Politics. Landau
Photo: Tal Shahar

Can interim government strike truce with Hamas?

With time running out on Olmert government, its mandate to decide on ceasefire agreement with Islamist group comes into question. Legal experts say cabinet entitled to make decisions of urgent national caliber; urge caution, responsibility

The impending ceasefire agreement between Israel and Hamas, which – as reported by Egyptian newspaper al-Gomhuria – may be a mere 48 hours away, has once more raised the question of the mandate extended to Israel's interim government.

 

Can a government rule on cardinal matters so close to the end of its term? Constitutional law expert Professor Ariel Bendor of Haifa University urges caution: "According to the Israeli statute, an interim government can make such decisions should they prove too urgent to wait for the succeeding government.

 

"Nevertheless, an interim government must exercise as much restraint as possible, in order not to tie the following government's hands."

 

The courts, added Bendor, are unlikely to intervene in the decision-making process of such a government, even if its decisions span highly sensitive and complex issues, such as Palestinian prisoners' release. "No one will say 'hold off until the next government is in office.' Everyone know some decisions cannot be put off."

 

But just how binding are an interim cabinet's decisions, as far as the Knesset and the succeeding government are concerned?

 

International commitments, explained Bendor, are fully binding: "As far as Israeli law is concerned, a government can almost always overturn its predecessor's domestic decisions; but when a government commits to an international agreement it does so on behalf of the State.

 

"The international law hold every government responsible for the decisions made by the ones before it; just like (Opposition Leader) Benjamin Netanyahu (Likud) was bound by the Oslo Accords at the time, even though he opposed them."

 

Caution, proportionality, responsibility

Attorney Gilad Sher, who served as chief of staff for Defense Minister Ehud Barak during his 1999-2001 stint as prime minister, says that an interim government must adhere to three rules: Caution, proportionality and responsibility.

 

"An interim government must be led by the will to exhaust all means at its disposal to achieve Israel's national goals; but nevertheless, it must refrain from approving any far-reaching moves, which would astrict the government following it."

 

As for the impending ceasefire with Hamas, Sher believes that "if this is a serious opportunity the government must seize it and reach a truce which would include halting all terror activities and projectile fire, as well as ensure the release of kidnapped IDF soldier Gilad Shalit.

 

"Of course, Israel would have to commit to opening the crossings and several other things, but it would not be committing to any permanent agreement, but rather one that was derives from the recent offensive in Gaza."

 

Former Minister Uzi Landau, who is No. 2 on Yisrael Beiteinu's Knesset roster, sounded less trusting: "Once more we are witnessing a case where some of the reports of a possible truce, including those pertaining to Shalit's release, are tainted with political propaganda.

 

"I fear the decision to rush a ceasefire so close to the elections is heavily clouded by political interests," he concluded.

 


פרסום ראשון: 02.09.09, 14:35
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