Ziv v Gubernik

• Jurisdiction: Israel
• Court: Supreme Court (Israel)
• Date: 02 December 1948
• Docket Number: Case No. 4

Supreme Court Israel

Case No. 4

Ziv

and

Gubernik and Others

STATES AS INTERNATIONAL PERSONS

States — Beginning of State Existence — Declaration of Independence — Legal Purpose and Effect of — State of Israel.

In Ziv v. Gubernik and Others (Pessakim, 1948–1949, p. 33), decided on December 2, 1948, the Supreme Court of Israel held that the object of the Declaration of Independence of May 15,1948, was to determine the fact of the establishment of the State for the purpose of recognition by international law. It gave expression to the national ideal and the beliefs of the people, but was not a constitutional law in the light of which the validity of other laws could be examined. This passage was affirmed and clarified by the same Court in Ahmed Shauki el Kharbutli v. Minister of Defence (ibid. p. 97), decided on January 3, 1949. The Court there said, by reference to the earlier case:

“It was not stated that the Declaration of Independence was merely a...