The legal status of fighters

[Englander]

By Meron Benvenisti

The Israeli legal system, stretched to the limit by cases of private and public corruption, still finds the time and the resources to provide massive support for spreading and deepening Israel's image as a country suffering from terrorism and fighting for its existence. It is an image of a country threatened by traitors from within (Arab Israelis, hoping for a victory of the Axis of Evil whose center is in Damascus), by Hamas operatives (who aspire to destroy it) and by murderous Lebanese (Hezbollah).

On Tuesday, the trial of three Hezbollah fighters started. They are charged with murder, weapons possession, undergoing military training and membership in a terrorist organization. On the same day, a military court extended the remands of 21 Hamas ministers and legislators, who have been charged with membership in a terrorist organization. And also on that day, police began questioning a Balad member who visited Damascus - the "capital of terrorism" - and praised Hezbollah's victory.

The ideological basis for these legal steps is the definition of the suspects as terrorists. In other words, criminals. Their supporters are defined as traitors. Israel has taken it upon itself to define what legitimate violence is, and it is claiming a monopoly on the use of force, demanding that others accept its unilateral definitions. If they do not, they will be accused of being hostile, or worse. All practical resistance to Israel, whether violent or political, is an act whose purpose is illegitimate. Therefore, the definition of a "terrorist act" is not limited to the murder of innocents; it includes any use of "illegitimate" force. This definition encompasses "incitement" and "abetting the enemy." One could say, on the basis of this mainstream outlook, that a person can be either a Zionist or a terrorist.

The need to entrench this view, and thus to justify violent, deterrent, consciousness-searing action - and to reject all other definitions that are critical and unflattering - is highlighted by the absurdity of filing criminal charges. It is clear that the elected officials from Hamas were arrested and jailed only to serve as hostages for the release of Gilad Shalit, the abducted Israel Defense Forces soldier, and that the charge of belonging to a terrorist organization is just a pretext, as has already been determined by one court proceeding, which ordered the Hamas officials released.

>snip

Thus the circle is complete: The whole world is against us. Our neighbors, citizens of the state, are a fifth column; the Palestinians in the territories want to wipe us out; Hezbollah is a forward division of Syria and Iran; our very existence is threatened; but our fearless legal system will protect us against all our enemies and bring justice to light. And afterward, we will be able to continue our "deterrence" work with a clear conscience.

More at;
Haaretz

[RC]

1. That is the best description I have read yet

Israel, like the U.S. makes it's own bogymen and profits from the results.

[azurnoir]

5. On the bogey men part of your comment

I agree 110%. On the profits part I am not so sure, unless you are talking about the very conditional gratitude of the BFEE. Personally maybe Israel should question who they call "friend" and start to listen with their "left" ear.

[Violet_Crumble]

2. The Hamas legislators...

I haven't been following what's going on, but from the article am I right in assuming that an Israeli civil court ordered they be released, but a military court overrode that?

[Englander]

3. No, it's all military courts.

The military court ordered the release, the military authorities/prosecutors are appealing that
decision.

'Israel army contests Hamas ruling

Israeli army lawyers are contesting a court decision to release senior Hamas members, some of whom have been detained since June.

>snip

An Israeli military judge had ordered the release of some of the detained Hamas officials on Tuesday and army prosecutors had 48 hours to appeal against the decision.

The judge noted that Israel had allowed the men to compete successfully in Palestinian parliamentary election in January and questioned the timing of their detention after four months in office.

http://news.bbc.co.uk/1/hi/world/middle_east/5344734.stm

[azurnoir]

4. Israels should use caution in their

prostrations of eternal victimhood, as they are failing on increasingly deaf ears and could become self fulfilling prophecies of doom.

On the subject of Gilad Shalit I have begun to wonder if some of the far right wing in Israel would almost rather see him come home as a headless mutilated corpse, as that would serve their political ends far more then if he came home alive and well. In any event I suspect it will be many years if ever before the "captured" Hamas government will see the light of day

[nicoll]

6. self righteous

It makes me laugh when I see what Israel has become. To try someone as a terrorist who as not committed an act of violence to wards civilians and then to define what is acceptable and what is not. Who gives them the right.

In the last six years Israel has killed over seven hundred Palestinian civilians, what if I was to say that was an act of terrorism and then try and sentence the soldiers responsible as terrorists.