Eretz Israel is our unforgettable historic homeland...The Jews who will it shall achieve their State...And whatever we attempt there for our own benefit will redound mightily and beneficially to the good of all mankind. (Theodor Herzl, DerJudenstaat, 1896)

We offer peace and amity to all the neighbouring states and their peoples, and invite them to cooperate with the independent Jewish nation for the common good of all. The State of Israel is ready to contribute its full share to the peaceful progress and development of the Middle East.
(From Proclamation of the State of Israel, 5 Iyar 5708; 14 May 1948)

With a liberal democratic political system operating under the rule of law, a flourishing market economy producing technological innovation to the benefit of the wider world, and a population as educated and cultured as anywhere in Europe or North America, Israel is a normal Western country with a right to be treated as such in the community of nations.... For the global jihad, Israel may be the first objective. But it will not be the last. (Friends of Israel Initiative)

Tuesday, 29 March 2011

The Strength of Israel's Liberal Democracy Seen in its Rule of Law in Counter Terrorism

"The essence of any democratic society is that it does not subject people to prolonged imprisonment without a fair process," observes Amos N. Guiora, a law professor at the University of Utah, in an article comparing Israel's record favourably with America's.

"From its its founding in 1948 to the present day," he writes, "Israel has been at war with one or more nations, has faced mortal threats to its national survival, and has been the target of countless acts of terrorism against its civilian population, with devastating losses of life."

Nevertheless,

'Even in the midst of hostilities and warfare, under Israeli law, all detainees, regardless of nationality or the circumstances or location of their seizure, have a right of access to counsel and to independent courts empowered to review the basis for their detention and, when warranted, to order their release. This is true even when judicial review takes place amid continuing terrorist attacks or large-scale Israeli military operations.
Although Israeli security officials make the initial detention assessment, the crucial judgments - including the weight of the evidence, or whether detainees and their counsel have access to classified evidence or adequate substitutes - are all matters for a judge.
I was - and remain - convinced that Israel's robust judicial review is both necessary to maintain the rule of law and makes for effective counterterrorism policy. As a former military commander, I know that a robust and independent court review process helps to ensure that we are properly detaining the right people, and not those wrongly picked up in sweeps, or who are otherwise innocent.
This, in turn, ensures the legitimacy of military and counterterrorism operations. That is why the Israeli Supreme Court applies as its guiding principle the truth that, even in combat, "there is no more potent weapon than the rule of law."
Read the entire article here: http://www.mercedsunstar.com/2011/03/28/1828962/what-america-can-learn-from-israels.html

1 comment:

  1. I bet this kind of angle will not get a run in the anti-Semitic media like the BBC, ABC (Australia) etc. Wanted to do a little post there, but unfortunately you have to be registered, and I'm online already too much!

    ReplyDelete