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