Ðóñ Eng Cn Translate this page:
Please select your language to translate the article


You can just close the window to don't translate
Library
Your profile

Back to contents

National Security
Reference:

State security of Israel: international and national legal aspects

Manin Iaroslav

PhD in Law

Associate Professor, Department of Legal Studies and Practical Jurisprudence, Institute for Social Sciences of The Russian Presidential Academy of National Economy and Public Administration

119571, Russia, Moscow, Vernadsky Prospekt, 82, building 2

manin-yv@ranepa.ru
Other publications by this author
 

 
Klimashina Aleksandra Evgen'evna

-

119571, Russia, Moscow, Moscow, Vernadsky Prospekt, 82, building 2, no

manin-yv@ranepa.ru

DOI:

10.7256/2454-0668.2023.2.39932

EDN:

EKVNGR

Received:

05-03-2023


Published:

12-03-2023


Abstract: The object of the study is Israeli international and national legal relations to ensure the defense of the country and the security of the state, the subject is normative legal acts establishing the regime of protection of Israel from internal and external threats. The article discusses the international treaties of the State of Israel concerning weapons of mass destruction and the fight against terrorism, as well as Israeli documents on defense and security management. The authors pay attention to the genesis and evolution of the Israeli armed forces and special services, the peculiarities of their functioning. The institute of military duty and conscription for military service in the Israel Defense Forces (IDF), current problems of the activities of the Mossad and AMAN intelligence services, as well as the general security service - Shin Bet (SHABAK) are considered in detail. The above practice of military administration in the State of Israel is relevant in the conditions of modern militarism. The researchers propose to use the Israeli experience of legislative regulation in the field of national defense and state security in the current Russian historical conditions. The scientific novelty of the work consists in presenting the reader with original information on the subject of the article, relevant conclusions and suggestions. The main ones are the conclusions about the presence of tactical nuclear weapons in Israel, its deliberate postponement of the application of international legal acts on weapons of mass destruction in order to develop them and deter opponents. It is proposed, by analogy with Israeli legislation, to deprive Russian citizenship for crimes against the foundations of the constitutional order and security of the Russian Federation, extremism and terrorism. The article substantiates the introduction of universal military duty for Russian citizens using, by analogy, the Israeli system of deferrals from military service. It is proposed to train ordinary and non-commissioned personnel of the domestic armed forces in working professions, as in Israel, and the official granting of unlimited powers to Russian intelligence abroad.


Keywords:

Israel Public Security, Israel Defense, Israel Intelligence, Israel Counterintelligence, Israel Liberation Army, Conscription, Israel's international treaties, Israel National Law, Mossad, Shabak

This article is automatically translated. You can find original text of the article here.

The Middle East has for many years remained a militarily turbulent region in which the interests of various countries, sometimes located geographically far beyond its borders, intersect. The State of Israel, created as a result of the partition of Palestine, is unrecognized by some Arab countries, which is why Israel is constantly under threat of military intervention or, especially since the beginning of the XXI century, the use of nuclear weapons on its territory. [1] Thus, Israel is forced to pursue an aggressive policy towards hostile neighbors, conditioned by the doctrine of preventive self-defense of the "Promised Land". [2] The Arab-Israeli conflict has lasted for more than a hundred years, which makes it possible to trace the evolution of the defense and security of the "Holy Land", to study the functioning and effectiveness of Israeli state security agencies in conditions of tension. [3]

Modern Israel occupies an important place in the system of international relations and international security. [4] At the beginning of the XXI century, Israeli Prime Minister Ariel Sharon spoke about the special role of Israel in the life of the Middle East, giving, according to A.A. Kornilov, the country a dominant role in the region, dictated almost by a religious principle. [5] Currently, the main areas of Israel's struggle are international terrorism, attacking the state throughout its existence, the struggle for the delimitation of the country's borders and for influence in the region, where Iran is the main rival. At the same time, one of the leading areas of Israel's foreign policy cooperation are the countries of the so-called "third and fourth circles", that is, the states of Central Asia, located geographically behind the unfriendly Arab states. In addition, normalization of relations with hostile countries is a priority of Israeli foreign policy.[6]

In a rather difficult situation, Israel is, firstly, a Member of the United Nations (UN); secondly, a party to a number of international treaties aimed at maintaining peace. First of all, in 1948, Israel assumed the obligations [7] contained in the UN Charter. [8] In the context of studying the State security of Israel, Chapter VII of the Charter becomes extremely important: "Actions in relation to threats to peace, violations of peace and acts of aggression", in particular article 51, declaring the right of a State to individual and collective self-defense in armed aggression directed against this State. A number of important international treaties are based on this article, and issues of self-defense are inevitably considered in relation to Article 51 of the UN Charter. It is worth noting that relations between Israel and the UN Security Council, which, according to Chapter VII of the Charter, regulates the use of force against states, are characterized by ambiguity: Israel, according to I.Z. Farkhutdinov, consistently ignores UN Security Council resolutions. It is also interesting that in view of the ongoing Arab-Israeli (later Israeli–Palestinian) conflict, the UN Security Council has developed draft resolutions aimed at supporting the Arab population living in the territories actually occupied by Israel, blocked by the United States of America through the use of the veto. This is due to the specifics of Israeli-American relations, which, despite attempts by the administration of President Barack Obama to put pressure on Israel to force it to participate in peace talks in the region, are based on cooperation and alliance in various spheres of life of both states, including joint anti-terrorist activities.[9]

Since the middle of the XX century, Israel has participated in signing or joining a number of disarmament treaties concluded during meetings of UN conferences. For example, it participates in the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons that Cause Excessive Damage or Have Indiscriminate Effects, signed on October 10, 1980 in Geneva, together with three protocols. [10] This international legal act was the result of the creation of new types of weapons, the prohibition or permission for the use of which was not regulated in any way. [11] The main provisions of the Convention are contained in the protocols. The first protocol is aimed at prohibiting the use of weapons whose fragments are not reflected on the X-ray. The second Protocol prohibits the use of mines, booby traps and other manually installed devices that can cause large-scale destruction, however, provided that these types of weapons are used on military bases or provided that the civilian population is protected, the use of these types of weapons is allowed. The third Protocol prohibits the use of incendiary weapons, it separately highlights the protection of the civilian population from the effects of this type of weapon. In 1995, a protocol on the prohibition of blinding laser weapons (which had never been used at the time of signing) was added to the Convention – Protocol IV, and Protocol V of 2003, proclaiming a ban on the use of cluster bombs, but in practice only limiting their use and dictating rules for the protection of civilians. The Convention and Protocols do not prohibit the use of the relevant weapons, but only restrict them. In 1995, in accordance with the fourth article of the international legal act under consideration, Israel deposited an instrument of accession to the depositary and notified of its intention to comply with the Convention provisions without fail.

In 1993, Israel signed the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, which entered into force in 1997. [12] According to the document, no State can develop, store and distribute chemical weapons, and every State possessing chemical weapons must get rid of it in full. The Treaty defines the obligation of the participating States to allow inspection at the sites of chemical weapons production and to provide detailed plans for getting rid of chemical weapons. This convention is distinguished by a detailed description of the mechanism governing the entire process of monitoring the weapons of States by the forces and means of the Organization for the Prohibition of Chemical Weapons (OPCW). The duties of the established organization include monitoring the destruction of weapons, the lack of steps to transition from peaceful uses of chemicals to military needs, the imposition of certain sanctions for non-compliance with the provisions of the convention, and so on. [13] The Convention established control over the handling of chemical weapons, assuming the rejection of their use and production. However, article VI of the Convention lists activities with toxic chemicals that are not prohibited by the treaty. For example, States have the right to produce and distribute chemicals on the territory of the country within the framework of activities not prohibited by an international treaty, as well as to take the necessary measures for the production and movement of chemicals. Nevertheless, the participating States are obliged to provide reports on their actions and allow inspection to the places of production of chemicals, which largely excludes the possibility of using toxic substances for military purposes. Israel has acceded to the said convention, but has not ratified it.

 In the context of disarmament, the Comprehensive Nuclear-Test-Ban Treaty signed by Israel in 1996 is an important document. [14] The obligations of States, according to this treaty, are the complete rejection of nuclear tests on the territory under their control and the prevention of a nuclear strike both on their own and on foreign territories. In addition, special bodies are being established that will monitor the implementation of the provisions of the document. However, the treaty has not yet entered into force due to the lack of its ratification by individual States listed in Annex II to the treaty, including Israel, which has an arsenal of nuclear weapons. Interestingly, Israel itself has never officially declared that it has nuclear weapons, however, in the 1950s France sold Israel a nuclear reactor, which was later located in Dimona, and in the 1960s US President Kennedy was already aware of the Israeli nuclear program. [15] Mordechai Vanunu, an Israeli nuclear technician, revealed details of Israel's development of nuclear weapons in 1986, which gave experts reason to believe that there were 100-200 warheads in the Israeli nuclear arsenal. [16] Thus, there is a certain interest of Israeli politicians in postponing the ratification of the treaty we have mentioned.

One of the last international documents in the field of state security signed by Israel in 2014 was the 2013 Arms Trade Treaty, which has not yet been ratified by this country.[17] The provisions of this treaty are generally aimed at regulating the export of weapons, but do not prohibit their turnover, but only establish certain regulatory frameworks, formally excluding the possibility of illegal and uncontrolled arms trade.

Treaties aimed at combating international terrorism are particularly relevant for Israel, since it is from him that the country suffers the most. Thus, in 1999, Israel signed and later, in 2003, ratified the International Convention for the Suppression of Terrorist Bombings. [18] According to the second article of the said convention, any person who activates any deadly device in public places with the aim of causing physical harm to people or destroying part of the infrastructure becomes a criminal. Although the Convention does not apply to acts of terrorism if they are committed on the territory of a certain State by its citizen.

The 1999 Convention on the Prohibition of the Financing of Terrorism [19] was signed by States in view of the need to completely stop the financing of terrorist organizations, regardless of the form in which this financing comes (signed and ratified by Israel in 2000 and 2003, respectively). [20] As in the International Convention for the Suppression of Terrorist Bombings, the provisions of this international legal act do not apply to acts of international financial terrorism committed by a citizen against his State. However, according to the Convention on the Prohibition of the Financing of Terrorism, any person who has committed or organized the collection of funds for mass killings of civilians is considered a criminal - such a person becomes a sponsor of terrorism. It is criminally liable under Israeli law, regardless of the political and legal connection with any State, if the terrorists who acted against Israel received sponsorship from the relevant person. The Convention contains a requirement for transparency of financial transactions provided by credit institutions that are obliged to check suspicious money transfers, "freeze" (block) and withdraw funds intended for the financing of terrorism.

In 2005, Israel signed the International Convention for the Suppression of Acts of Nuclear Terrorism, [21] according to which any person illegally possessing radioactive material with the aim of harming people or the environment, as well as handling radioactive substances in such a way that there is a threat of leakage of dangerous substances, is recognized as a criminal, as are accomplices in the commission of these acts. Israel signed the Convention in December 2006, but has not ratified it. There is a system in postponing the ratification of a number of international legal acts signed by Israel and containing provisions on nuclear deterrence and non-proliferation of weapons of mass destruction. It is logical that "David needs a nuclear sling to defeat Goliath" (in case of numerical superiority of manpower and equipment of one or more potential opponents, Israel will strike one or more neighbors (nearby Arab countries) with tactical nuclear weapons, using the nuclear arsenal up to this point as an element of deterrence of the use of military force by neighboring enemy states).The international legal regime of Israeli State security, established by the international normative legal acts we have cited, continues in the national legislation of this Middle Eastern State.

[22]

Prior to the formation of Israel in 1948, the British Mandate operated on the territory of the State of Palestine, on the basis of which the United Kingdom of Great Britain and Northern Ireland received temporary administration of a number of territories, including the subsequently created State of Israel. [23] During the period of the British mandate, rules were established that partially still exist. In particular, an important document is the Rules of Defense (State of Emergency) of 1945 as amended in 2011.[24] Despite their initial application to British subjects and citizens of Palestine, these rules are fundamental to the entire Israeli defense system, since they contain basic concepts and provisions (for example, the rules of military tribunals). Regulation in the field of censorship (information security) is significant: The State appoints a censor who ensures that materials published in the public domain do not harm Israel (formerly Palestine). Authorized persons have the right to open postal items and parcels for inspection, as well as to inspect travelers and inspect luggage (in particular, in order to detect information materials prohibited for distribution). In mandatory Palestine, as of 1945, there was a law on censorship, received by Israel. Part eleven of the censorship law is interesting because the Israeli District Court has the right to confiscate property and land from persons who have committed an information crime – this provision is now extended to terrorists. Israel's information security is based on strict principles: the prohibition of telephone conversations by undesirable persons, the prohibition of the sale and consumption of alcohol by personnel of certain military units and special services (in order to avoid using their state of intoxication against the interests of the state, in order to avoid provocations with intoxicated employees of state special services, "unleashing their language" and the like, - at the same time, compliance with such a ban helps to identify Israeli military personnel).

In connection with the existing Israeli practice, we consider it reasonable to introduce in the Russian Federation the confiscation of property of persons who have committed crimes against the foundations of the constitutional order and security of the Russian Federation (Chapter 29 of the Criminal Code of the Russian Federation), as well as terrorist crimes (Articles 205 – 205.5., 206 of the Criminal Code of the Russian Federation); we also offer as an additional criminal penalties to apply deprivation of citizenship of the Russian Federation in respect of persons who have committed these crimes.    The foundation of the State of Israel was proclaimed on May 14, 1948 by the Declaration of the Provisional Government under the leadership of David Ben-Gurion.

The next day, on May 15, a Decree was issued on the administration [25], which formed the main governing bodies of Israel. The fifth chapter of this decree "Armed Forces" allowed the Provisional Government of Israel to establish an army operating on land, at sea and in the air to protect the newly formed State. The Decree on the creation of the Defense Army of the State of Israel dated May 31, 1948 (IDF) [26] established the land, air and naval Israeli armed forces, introduced mandatory conscription in case of emergencies, military duty for conscription into the regular army (IDF), as well as the establishment of any other militaristic structures is prohibited. The main purpose of this decree is to legitimize the IDF as the army of the State of Israel, which is at war. 

The laws of the State of Israel in the field of defense and security have been published, which makes it possible to study the legal regime they introduce in the relevant area. The peculiarity of the Israeli legal system is the absence of a single constitutional act [27], the state system is established by the system of the main laws of the country – the basic laws (in English - “Basic Laws”), approved by the Knesset (Parliament of Israel) [28], and not adopted by plebiscite. [29] Thus, one of the main laws is the Law of Israel on the Israel Defense Forces, adopted in 1986.[30] According to its first article, the Israeli Army is the Israel Defense Forces, and according to the sixth article, the State cannot create and maintain other armed forces except in cases provided for by the law we have named. This provision, in comparison with the Decree on the Defense Army of the State of Israel of May 31, 1948, still allows for the possibility of creating additional military formations if necessary. The Israeli army is subordinate to the Israeli Government in the person of the Prime Minister of this State. According to the fourth article, "Formation of the armed forces", universal military duty is introduced for Israelis of both sexes.

Historically, mandatory military service for Israeli citizens was born during the War of Independence (1947-1949). The low population compared to Arab states seriously complicated the creation of a professional army capable of protecting the borders of the Holy Land from external aggression. [31] The previously mentioned Israeli Law on the Israel Defense Forces of 1949 [32] established the age of conscription, the length of service for Israeli citizens, as well as the rules for passing commissions (for health reasons, for physical fitness) and the categories of those exempt from compulsory service regardless of health status (in 1949 they were married women, pregnant and women who have a child, as well as women whose religious beliefs did not allow them to serve in the army). Since then, the law has been seriously changed twice – in 1959 and 1986. The latest version is valid, but it is periodically amended. It should be noted that the grounds for deferrals from military service on conscription (regular military service) have remained unchanged since then, they have been preserved in all subsequent editions of this law.

According to the Law of Israel on the Defense Army of the State of Israel (Israeli Armed Forces) of 1986, men aged 18 to 29 years and women aged 18 to 26 years can be called up for regular military service, and depending on the age within this interval, the service life also changes (paragraphs 15 and 16 of Chapter 3: "Regular service"). If a man is between 18 and 26 years old, his term of service in the army will be 30 months, from 26 to 29 years – 24 months (the same period of service is performed by men who are doctors and dentists aged 20 to 34 years), but if a man came to Israel as an immigrant after 27 years, he he will serve for 18 months. For women aged 18 to 26 and for female doctors and dentists aged 27 to 34, the service period will be 24 months, but if a woman immigrated to Israel at the age of 27 and older, she, as well as men, must serve 18 months. At the same time, the age is calculated according to the Jewish calendar, which imposes additional conditions on the conscription of an Israeli citizen into the army. In addition to regular service, Israelis can also do military service in the reserve, and men aged 45 to 54 can serve in the civil defense organization "HAGA".Taking into account the Israeli practice of military service during the period of stay in the reserve, we propose to use a similar legal institution in the Russian Federation and make the necessary amendments to the Russian legislation on military duty and military service.

It should be noted once again that in Israel, the population groups exempted from military service have not changed since 1949, men are also obliged to serve without exceptions, however, according to paragraph 36 of the law under consideration, the Minister of Defense can exempt any citizen of military age from service, depending on his profession and the requirements of the economy, which led to the adoption of the law Talia, he will be given special attention in our article.

The Government of the Russian Federation could also have the right to introduce such deferrals from conscription for various types of military service due to the needs of the Russian economy. The President of the Russian Federation should be granted the right to grant individual deferrals from military service for outstanding figures of science, art, culture and sports, as well as other areas of management.It is quite unusual that within 12 months after basic military training, Israeli conscripts undergo special agricultural training, however, if an Israeli citizen has been selected for service in the Air Force or Navy, it is possible to replace part of the period of agricultural training with specialized.

Apparently, the ability to farm in Israel belongs to the necessary skills of soldiers and, therefore, is an important part of the protection of the state.

We propose, in turn, to massively train Russian enlisted and non-commissioned personnel in working professions, including agricultural, for the use of personnel of the domestic armed forces in the restoration of territories after fighting on them, as well as in agricultural work for the effective use of farmland, the development of animal husbandry, in order to provide military personnel and other citizens of the Russian Federation with agricultural products. sectors, both in peacetime and in conditions of mobilization, martial law or during war.Despite the legislative consolidation of compulsory service in the army, the Government attempted to limit universal conscription.

Due to the presence of a provision in the law on compulsory service on the authority of the Minister of Defense to exempt Israeli citizens from service in accordance with their occupation, ultra–orthodox Israelis were able to obtain a postponement from military service for students of Jewish religious educational institutions. In 2002, this right was secured by the so-called Tal Law. The very concept of this law was adopted at the creation of the State of Israel, when David Ben-Gurion agreed not to call 400 students to service – the petition was reasoned by the large losses of religious ministers during the Holocaust. [33] According to the law of Tal, named after the chairman of the commission for its development, Tzvi Tal, a retired supreme judge, students of evshiv were exempt from military service until the age of 23, but after that they had to choose whether they would serve in the army on an equal basis with everyone (alternative – civil service) or continue to study the Torah. In practice, almost no one used the opportunity to choose – students went to military service, sometimes alternative civilian service, when they reached military age. [34]

During the years of its existence, the initiative caused serious controversy in society: the opportunity for a certain group of the population not to serve was equated with the inequality of the position of citizens obeying the same law of the same state. The ultra-Orthodox believed that serving in the army destroys the uniqueness of the youth of Haredim (the generalizing name of religious communities), while the secular society argued that such concern does not justify the obvious inequality of the population. [35] These disagreements became a problem for the internal policy of the Israeli government, in view of which there was a need to review the validity of the Tal law. In 2012, the Supreme Court of Justice of Israel (BAGATS) ruled on the illegality of the Tal Law [36], which was followed by its cancellation. [37]

We propose, following the example of the State of Israel, taking into account the size and composition of the Russian population, the escalation of the armed struggle with the Russian Federation, the expansion of the military-political alliance of a group of states – potential military opponents of the Russian Federation, to introduce universal military duty, to grant deferrals from all types of military service only to pregnant and nursing mothers. We propose to grant postponements for health reasons only partially and completely incapacitated, as well as physically unable to perform military service to persons with disabilities. Following the logic of the highest Israeli court by analogy, our proposal will ensure equality of rights of citizens of the Russian Federation. Tal's law limited universal conscription for 10 years.

The population group, which has grown greatly over time, received a postponement and the right to choose the type of service, which caused damage to the army, which every year did not get more and more servicemen. Tal's law led to a split in society and was repealed in order to strengthen the IDF.

When considering international treaties, it was mentioned about the permanent danger of terrorism for Israel. The country's internal legislation also regulates the work to protect Israel from such crimes. Back in September 1948, the Provisional Government of the State issued a Decree on the prevention of terrorism, [38] which was subsequently changed several times. In accordance with this decree, a terrorist organization is a group of persons whose activities are aimed at harming people or at the threat of causing such harm, however, nothing in this decree says about damage to property, at that time terrorism was meant to be an attack on civilians. The document provides a gradation of the degree of participation of a person in the activities of a terrorist organization and the corresponding differentiation of punishments for crimes committed: active participation is punishable by a maximum of 20 years in prison, membership – no more than 5 years, and support – imprisonment for up to 3 years or a fine. The District Court has the right to confiscate the property of terrorists, but justice against terrorists is carried out by a military tribunal consisting of IDF soldiers.

The Law Banning the Financing of Terrorism of 2004, which came into force in August 2005, is also important for Israel's national security. [39] According to paragraph "a" of the first chapter, a terrorist act is an action aimed at causing fear and panic in society, as well as with the aim of putting pressure on national and foreign governments to make or not accept certain decisions, as well as aimed at harming people's health, restricting their freedom and serious damage or destruction of property. The second chapter of the law provides that Israel may declare terrorist activities of an individual or entire organizations that are foreign nationals and do not have Israeli citizenship if their terrorist activities have been confirmed by the competent authority. It is important to note that the Israeli District Court may seize property from a person or organization that has been recognized as the property of terrorists in civil proceedings, even if this organization or individual has not been declared criminals, including even if this property is not related to Israel. A person or organization accused of terrorism or association with a terrorist organization may file a petition for the removal of such charges to a special committee. Consequently, Israeli anti-terrorism legislation can potentially extend to the property of foreign citizens if their terrorist activities pose a threat to the country.

Israel's national defense and State security legislation provides an opportunity to maintain stability in the country and prevent large-scale conflicts on its territory.

The defense and security of Israel is carried out not only by the Defense Army – the protection of the country was provided (and continues to do so to this day) by an extensive system of special services, each of which is responsible for a certain aspect of security (for its own line of activity). The most famous are Mossad (foreign intelligence), Shin Bet (internal security) and AMAN (military intelligence). The first two services report only to the Prime Minister, unlike the IDF and AMAN, which are accountable to the Minister of Defense.  It should be noted that there are other special services in the State of Israel, for example, the Sayeret Matkal unit as part of the General Staff of the Israel Defense Forces; or, for example, the Nativ Jewish Relations Bureau (Lishkat ha-Kesher) and other similar services and units.

Against the background of increased Jewish emigration in the 1930s, clashes began between the Arab population of Palestine and immigrants from Europe who arrived in their historical homeland. To protect their population, ethnic Jews created defense organizations that were engaged in law enforcement, internal security, intelligence (internal and external), including in order to establish contacts with Jews in other parts of the world. One of the main organizations was the Haganah, established in 1920. The military group opposed both the Arabs and the British, who believed that Palestinian Jews had no right to self-defense. [40] Inside the "Haganah", a special department was created dealing with diversions against individuals, the intelligence activities were carried out by the "Shai" unit, highly appreciated by the British themselves. The Jewish services acted aggressively enough in the fight against the Arabs, whom they considered their main enemies, but the right–wing organizations Irgun and Lehi also fought against the British government - their priority was the complete independence of the Jewish people. Their activities subsequently became a problem for the Israeli Government, as the organizations resorted to terrorist methods, although the Irgun eventually became part of the IDF. "Lehi" ceased to exist after they committed the murder of UN Special Representative Folke Bernadotte, who advocated a truce between the Arab and Jewish sides after the formation of Israel – Shin Bet, led by Isser Harel, arrested members of the group, relieving the newly emerged state from the problem of splitting special services.[41] In 1942 The Shin Bet or Shabak Internal Security Service was established to ensure the safety of Jews inside Palestine and eliminate spies. Subsequently, the presence at the dawn of the Jewish state of several influential military groups and predecessors of the special services of the State of Israel led to the existence of a legislative ban on the functioning of any military structures other than the Israel Defense Forces - the IDF, with the exception of legislatively fixed foreign intelligence organizations – Mossad and internal security Shin Bet, AMAN – military intelligence, part of the IDF.  Once again, we note that the Irgun, a multifunctional special-purpose military group - special forces or special operations forces, has been preserved as an IDF unit.

In 1948, the formation of the Israeli special services began in the form in which they are known now. By order of Prime Minister David Ben-Gurion, the Shai (National Security Service) was reorganized into four organizations: military intelligence (the predecessor of AMAN), the Internal security and counterintelligence service (Shin Bet), foreign intelligence, established for the first time, and the repatriation service - the return of Jews to their homeland, and in 1949, the committee of directors of the special services was created – "Varash", whose activities are strictly classified. 3 years later, in 1951, the Israeli intelligence services were reorganized again: military intelligence was renamed "AMAN", the foreign intelligence service became "Mossad" - a security body reporting directly to the Prime Minister, which was tasked with coordinating all intelligence services and which deals with the elimination of "enemies of Israel", [42] "Shin-Bet" retained its powers for the internal protection of the country, focusing on counter-terrorism activities. Thus, for the direct protection of Israel, the following armed formations existed: the Defense Army of the State of Israel (IDF), AMAN, Shin Bet and Mossad, which were, as it were, opposed to the Israeli Ministry of Foreign Affairs: divide et impera (Latin – divide and rule).

Such an organization of state security management allows us to conclude that the diplomatic department of Israel is the foreign intelligence agency of this state. Especially interesting are the aspects of regulating the activities of Mossad and Shin Bet, since these services are subordinate to no one except the Prime Minister of the country.

They are not controlled by either the Knesset or any outside force, that is, the word of one person is decisive for them. Isser Harel, who headed the organization in 1952, wrote its charter, according to which the Mossad actually became the main defender of Jews around the world and an extremely influential service in Israel. However, the charter did not mean submission to the general laws of Israel, which is why the very concept of regulating the activities of the Mossad is extremely contradictory. Experts, former intelligence officers and the Knesset itself are currently concerned about both the rights of intelligence officers and citizens of Israel themselves, [43] and the working methods of the organization as a whole, because of which the country itself risks being drawn into diplomatic conflicts, which has happened more than once in reality. [44] Despite such discontent, Israelis continue to trust and even admire their special services: according to a public opinion poll on state security conducted by the Institute for National Security Studies (INSS) in 2020, Israeli residents are confident in their country's defense capability, the level of trust in the IDF and Mossad is 84%, and by "Shin Bet is 78%, but the level of trust in the Israeli police is only 34%. In 2021, a similar survey showed a decrease in the level of trust: 78% of respondents trust the IDF and Mossad, and 76% trust Shin Bet. Nevertheless, the researchers argue that such a decrease is quite insignificant and it is possible to talk about the stability of trust against the background of tensions in the Gaza Strip and protests in the country. [45]

Meanwhile, we should not forget about the concept of Isser Harel, which presupposes the creation of a worldwide network of foreign intelligence on a national basis, according to which Jews around the world should help each other and the Jewish state, that is, be agents of its intelligence community, officially consisting of two services.

On the one hand, the Zionist concept of "all Jews are Israeli agents" is utopian and unreliable, on the other, it can serve as an ideological basis for the development of Israeli intelligence networks outside the State of Israel on religious or national grounds, as well as serve as a factor of loyalty to Israel's foreign policy and intelligence activities. Despite public opinion about the independence of the Israeli special services, it is impossible to exclude their interaction and supervision by the United States of America, as well as the United Kingdom of Great Britain and Northern Ireland, standing behind Israeli statehood and using Israel to weaken neighboring states.Isser Harel's concept is still being implemented as a basis for intelligence activities that are outside the law.

[46] This means that the Israeli foreign intelligence service is not limited in its activities, except, of course, the international legal acts listed at the beginning of our article, the violation of which, especially in cases of terrorist acts committed by the Mossad outside Israel, will cause "diplomatic embarrassment", or other, more significant for Israel consequences.

We propose to apply the Israeli experience of regulatory legal regulation of Mossad intelligence activities and withdraw the Foreign Intelligence Service of the Russian Federation from the legal field in the areas of activities carried out by it abroad.  Shin Bet, like Mossad, is accountable to the Prime Minister, but unlike foreign intelligence, the internal security service is still regulated by a legislative act - the Israeli law on the General Security Service of 2002.

[47] On the basis of this law, the functions and powers of the organization should be determined by the laws of Israel, the head of the department is appointed by the Government on the proposal of the Prime Minister. Shin Bet itself must obey the government, but be accountable to the Prime Minister. The organization protects the State from actions aimed at undermining its security, protecting people, places and information determined by the Government, as well as conducting research and forming an assessment of various situations for the Knesset. [48] Thus, Shin Bet really differs from Mossad in the limitation of its powers by the law and the rules of work. Nevertheless, according to D.P. Prokhorov, the organization is also characterized by harsh methods of activity: the general security service conducts operations against Arabs, foreigners in general, Israeli political parties and even individuals suspected of undesirable activity.

AMAN differs from the two previously named Israeli special services primarily in that this organization is subordinate to the IDF General Staff (military intelligence is subordinate to the Chief of the General Staff and the Minister of Defense). The main task of the department is to collect, analyze and transmit information directly to the army for the possibility of conducting operations abroad, as well as the implementation of military censorship. It is AMAN that is entrusted with the task of determining the main goals for the IDF and other special services of the country, which makes it an extremely influential agency on which the success of ongoing military operations largely depends. The main directions of its activities are Arab states hostile to Israel, but the presence of Israeli military intelligence agents in other countries is evidenced by the arrests of students from the universities of Florida and California, who were accused of spying for Israel. Although military intelligence is criticized for periodic failures in intelligence activities, they compensate for this with technical equipment that allows them to collect the necessary data.

We propose to strengthen the intelligence community of the Russian Federation (following the Israeli example) with technical means for collecting and processing information, including on the Internet.We propose to provide the Russian military with technical means to disable the enemy's electronics, including the electronics of unmanned aerial vehicles and swimming vehicles, tanks and other armored vehicles, aircraft, and so on.

The IDF has such means and periodically uses them, including through the introduction of military intelligence programmers into the relevant units of the armies of their opponents.    The security and defense of Israel is carried out by both the Defense Army of the State of Israel and the special services, the main of which are "AMAN", "Mossad" and "Shin Bet".

The activities of these services provide an opportunity to avoid large-scale hostilities, although periodically military operations conducted by these agencies abroad turn out to be failures and even jeopardize the state's position in the international arena. The methods of performing the tasks assigned to them are characterized by rigidity and even radicality, and the continued lack of legislative regulation of the activities of the Mossad, which even befell the British secret service, raises more and more questions from competent persons. Nevertheless, the security services considered inspire confidence in Israelis and actually provide protection for the state from unwanted interference in its life.

 

References
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.

Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "State security of Israel: international and national legal aspects". The subject of the study. The article proposed for review is devoted to international and national legal aspects of Israel's state security. The author has chosen a special subject of research: the proposed issues are investigated from the point of view of international, administrative and constitutional law of Israel and partly of Russia, while the author notes that "Currently, the main areas of Israel's struggle are international terrorism attacking the state throughout its existence, the struggle for the delimitation of the country's borders and for influence in the region where Iran is the main rival." The NPA of Israel, international conventions and treaties relevant to the purpose of the study are being studied. A large volume of scientific literature on the stated problems is also studied and summarized, analysis and discussion with these opposing authors are present. At the same time, the author notes: "... in view of the ongoing Arab-Israeli (later Israeli–Palestinian) conflict, the UN Security Council has developed draft resolutions aimed at supporting the Arab population living in the territories actually occupied by Israel, blocked by the United States of America through the use of the veto." Research methodology. The purpose of the study is determined by the title and content of the work: "Israel's national legislation on defense and state security provides an opportunity to maintain stability in the country and prevent large–scale conflicts on its territory", "Israel's defense and security is carried out not only by the Defense Army - the country was protected (and continues to do so to this day) by an extensive system of special services, each of which is responsible for a certain aspect of security (for its own line of business)." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of private scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize approaches to the proposed topic and influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author applied formal legal and comparative legal methods, which made it possible to analyze and interpret the norms of acts of Israeli and partly Russian legislation and compare various documents. In particular, the following conclusions are drawn: "Israel's information security is based on strict principles: the prohibition of telephone conversations by undesirable persons, the prohibition of the sale and consumption of alcohol by personnel of certain military units and special services," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is important in Israel and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "To protect their population, ethnic Jews created defense organizations that were engaged in law enforcement, internal security, intelligence (internal and external), including in order to establish contacts with Jews in other parts of the world." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is this: "Despite public opinion about the independence of the Israeli special services, their interaction and supervision by the United States of America, as well as the United Kingdom of Great Britain and Northern Ireland, which stand behind Israeli statehood and use Israel to weaken neighboring states, cannot be ruled out." As can be seen, these and other "theoretical" conclusions "... for the direct protection of Israel, there were the following armed formations: the Defense Army of the State of Israel (IDF), AMAN, Shin Bet and Mossad, which were, as it were, opposed to the Israeli Ministry of Foreign Affairs: divide et impera (lat. - divide and conquer)" can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "International Law and International Organizations", as it is devoted to international and national legal aspects of Israel's state security. The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. Significant violations of these requirements: some unsubstantiated (lack of specifics and general) conclusions for Russian practice "In connection with the existing Israeli practice, we consider it reasonable to introduce in the Russian Federation confiscation of property of persons who committed crimes against the foundations of the constitutional order and security of the Russian Federation ..." etc. The bibliography is quite complete, contains publications and NPAs that the author refers to. This allows the author to correctly identify problems and put them up for discussion. The quality of the literature presented and used should be highly appreciated. The presence of scientific literature showed the validity of the author's conclusions and influenced the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to problems. Conclusions, the interest of the readership. The conclusions are logical and specific, "We propose to provide the Russian military with technical means to disable enemy electronics, including the electronics of unmanned aerial vehicles and swimming vehicles, tanks and other armored vehicles, aircraft and so on. The IDF has such means at its disposal and periodically uses them, including through the introduction of military intelligence programmers into the relevant units of the armies of its opponents," etc. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend publishing it, taking into account the few comments.