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Israel's Example: Fighting Terrorism without Sacrificing Due Process

[Washington Post] Editorial - No one would say that Israel is soft on terrorism, which makes it all the more fascinating that a country that essentially lives under siege provides so many legal accommodations to those it detains as unlawful combatants. In Israel, even noncitizens captured outside the country and designated unlawful combatants are entitled to due process in Israeli civilian courts. They are guaranteed judicial review of their detention within 14 days of capture. They are guaranteed the services of a lawyer no later than 34 days after capture. And they are guaranteed a review of their detention by an Israeli district court judge every six months thereafter. If an unlawful combatant is captured in the West Bank, the case proceeds through Israeli military courts, with similar guarantees of judicial review and legal representation. Nothing in the Israeli system prevents a lengthy and potentially indefinite detention of an enemy combatant. But the Israeli Supreme Court has ruled that these combatants can be held only so long as the state can prove they are an imminent danger. If the state fails to make that case, the detainees must be released. These safeguards have not prevented Israeli security forces from defending the country.
2007-09-04 01:00:00
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