Is Administrative Detention For Israelis Just?

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In summary, the case of Noam Federman has sparked controversy among those defending Israel and those supporting the liberation of Arab-Palestinian terrorist prisoners. As an Israeli, Federman's civil rights should have been respected, but instead he was detained under administrative detention, which supposedly holds a person prisoner when there is credible intelligence of a potential terrorist attack. However, this law has not been applied to well-known terrorist leaders, such as Yasser Arafat, who openly plan and take credit for terrorist attacks. The use of administrative detention has caused many to question its fairness and effectiveness in stopping terrorism. Meanwhile, the Israeli government has agreed to release 400 Arab-Palestinian terrorists, raising concerns about their potential to continue with terrorist activities. This
  • #1
David Ben-Ariel
NOTE: You may forward or reprint this article on condition that you_include the whole article-- including complete information about its author, date, and original source of publication.

Friday,_January 30, _2004__

Is Administrative Detention For Israelis Just?

By: Jo-ana D'Balcazar

Undoubtedly, the Federman case is one of the cases that awakes controversy among those who defend Israel, those who believe that terrorists want peace with Israel, those who just let terrorism claim more blood without imprisoning terrorist leaders who openly take credit for genocide bombings, and those who support the liberation of Arab-Palestinian terrorist prisoners.

The point is not whether people agree or disagree with Noam Federman's politics, but that as an Israeli, his civil rights should have been respected. While 400 Arab-Palestinian terrorists possibly are about to be liberated, Federman is still seen by many as the mastermind behind the alleged Jewish terrorist underground. Is it fair to consider him a terrorist or a citizen defending his right to live peacefully in Israel? Who is attacking whom and who is being defended from?

Noam Federman is detained under administrative detention. Let us stop here. What does it mean being in "administrative detention"? Supposedly, it means to hold a person prisoner when there is credible intelligence that such a person is about to commit a terrorist attack. The argument here is that Federman was arrested for allegedly masterminding terrorist attacks against Arab-Palestinians hiding behind the new Jewish terrorist underground.

Then, wait a minute. If this is the current Israeli law to be used in "emergency situation," why it has not been applied to the self-confessed terrorist leaders of Hamas, Hizbullah, Islamic Jihad, and Al-Aksa Martyrs Brigade, among others? The emergency situation is clear in these cases when they even announce future terrorist attacks. Ironically, they not only announce them, and not only fulfill their attacks but also proudly take credit for killing and maiming innocent Jews. And then, they are treated and celebrated by Arafat and almost every Arab-Palestinians, not as murderers, but as martyrs.

Have not terrorists publicly confessed being responsible for many of the terrorist attacks including genocide bombings? Besides Israeli intelligence has a lot of evidence about terrorist leaders. Something here is just not making sense. Federman, allegedly, was imprisoned for fear that he might plan attacks against Arab-Palestinians within Israel. Why is it then that the Arab-Palestinians terrorists in Judea, Samaria and Gaza are not also detained, but instead they are even encouraged and supported by Arafat and the neighboring states, such as Iran, Libya, and Syria that are sponsoring terrorism?

It is not a crime to allow the growing terrorist campaign whose goal is to destroy Israel, a democratic country since its modern foundation in 1948? Sarcastically, terrorist leaders with clear evidence of terrorist participation, including Yasser Arafat, former terrorist leader of the Palestinian Liberation Organization, and now Chairman of the Palestinian Authority, are still walking out free planning more and more terrorists attacks. Let us not forget that Alksa Martyrs Brigade, responsible for many terrorist attacks, is nothing else but a military arm of the Palestinian Authority.

One can argue that Arafat, in a sense, is under special prison treatment because he cannot leave his headquarters in Ramallah. Well, he might be under special prison treatment but he still operates and officially commands the Palestinian Authority. This is where the controversy starts. For instance, the head of the Islamic Movement, Sheikh Ra'ad Salah, received only a restraining order after he was accused of raising funds for the terrorist group of Hamas. Does it mean that Federman is more dangerous than Arafat and Ra'ad Salah and other Arab-Palestinian terrorist leaders?

Therefore, some argue that the use of "administrative detention" is being used as a tool against those who oppose the destruction of Yesha towns, which are located in Judea, Samaria, and Gaza. Federman resides precisely in Hebron, part of Yesha towns. Will this mean that residents in those areas, who oppose to leave their towns and decide to defend against terrorist attacks, will also be imprisoned for "fear" that they will attack Arab-Palestinians terrorists?

Now, there is enough intelligence information about the whereabouts of known terrorist leaders in Judea and Samaria. Why not then going after them to apply this "emergency situation" instead of letting them plan, announce, and commit their publicized terrorist attacks?

Can the "administrative detention" law make more logical to imprison real terrorist leaders and not people or Israeli citizens who want to defend Israel precisely from those genocide attacks? This reminds us of the case of the American Christian-Zionist David Ben-Ariel, who was imprisoned allegedly for trying to destroy the Dome of the Rock for the reconstruction of the Jewish Temple. Ben-Ariel repetitively declared that he was there only to protest, not to destroy the Mosque.

Attorney Naftali Wurtzberger, who defended Federman, also represented David Ben-Ariel during his trial in Israeli High Court and Jerusalem's Municipal Court. Ben-Ariel is now free and back in the United States. Yet, the Israeli government estimated that Ben-Ariel cannot visit Israel and that he might be eligible to return in 2005. Why not deporting the leaders of terrorist groups who are living, apparently with more rights, in Judea, Samaria, and Gaza?

Therefore, the Federman situation has caused many Israelis to reexamine their conscience. Again, the controversy arises. Federman, an Israeli, who has not committed a genocide attack, was imprisoned under "emergency situation," while the Israeli government has agreed to free about 400 Arab-Palestinians terrorists.

The condition is that they must be without "blood on their hands" and with less than 3 years remaining from their prison sentences. It is naive to believe that these 400 terrorists will obey "a promissory note for not continuing with terrorism." Plus, instead of being deported, they will be sent to Judea, Samaria and Gaza. Does this means a victory for the terrorists and a slap for Federman and Ben-Ariel? Simply, something is not clicking.

Ironically, it appears that terrorism is the one dictating the terms for peace negotiations. Is it that negotiation for liberation of verified Arab-Palestinians terrorists is more negotiable than that of Federman? Point blank is that genocide bombings did not stop, but increased. This is why the fence has been adopted as a "security measure." Hence, there are two questions.

First, is it fair to consider Federman as a terrorist or a citizen defending Israel? Remember, is not a matter whether people agree or disagree with Federman's politics, but about Israeli civil rights. Second, can this "emergency situation law" be applied immediately to all known terrorist leaders in Judea, Samaria, and Gaza? What do you think?

Jo-ana D'Balcazar, M.A., Political Analyst, International Relations. Specialist in the European Union and the Middle East Crisis. Send comments to: politics2see@hotmail.com

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  • #2
One more reason to bomb Israel back into the stone age, and get Jews to register with the U.S. government. As you have so often pointed out, David... Israelis just can't be trusted.
 
  • #3
LOL I am not sure what David's point is but i don't think he is ever going to get it across when he shoots himself in the foot all the time.
 
  • #4
NOTE: You may forward or reprint this article on condition that you_include the whole article-- including complete information about its author, date, and original source of publication.

Whats going to happen if we dont?
 
  • #5
hmm i don't think i will bother, no-one is dull enough to read it anyway.
 
  • #6
Originally posted by Zero
One more reason to bomb Israel back into the stone age...


Sounds like something a primitive creature would say lurking outside its cave...

And lay off the stimulants next time before trying to apply your lipstick!
 
  • #7
Originally posted by jimmy p
im not sure what David's point is...


To publicize the plight of someone denied due democratic process in Israel.
 
  • #8
what does it matter when you said not to trust Israelis. I shouldn't trust Noam and i shouldn't trust his people.
 
  • #9
Originally posted by jimmy p
what does it matter when you said not to trust Israelis. I shouldn't trust Noam and i shouldn't trust his people.

Correction: I NEVER said not to trust Israelis. Just because I don't believe you can trust certain evil individuals in the Israeli government doesn't mean to throw the baby out with the bathwater any more than every American should be distrusted because of certain things the Klinton or Bush administrations have been guilty of.

As in every country and nation, there are those who stand out as lights, who dare oppose wrong policies of their government. Noam Federman is an Israeli whom I would trust, since he boldly does just that against the evil powers that presently be in Israel. He represents a glimmer of hope that not all is lost, that there remain those who are willing to put their lives on the line and stand up for what they believe and take risks for the greater good. As someone who met him briefly during my unjust detention in a rotting Jerusalem ****-hole (appropriately called the Russian Compound), I give him the benefit of the doubt and am numbered among those who volunteer to be his voice since they have attempted to silence him by imprisoning him without due process. We say charge him, give him his day in court, produce your evidence or LET HIM GO! Who can reasonably argue against that demand for justice?
 
  • #10
If, as you stated in another post, Israelites are as religious as Anglo-Christians or whatever, the wouldn't the likes of Noam Federman be considered EXTREMEIST? wouldn't that be why the government has locked him away?

EDIT: Seeing as Noam Federman is fairly zealous.
 
  • #11
Originally posted by jimmy p
...wouldnt the likes of Noam Federman be considered EXTREMEIST? wouldn't that be why the government has locked him away?

EDIT: Seeing as Noam Federman is fairly zealous.

YES! But isn't that extremist of them? Especially when they haven't even charged him with any crime! It also reveals what hypocrites they are, like many liberals, since they preach tolerance and understanding and all that jazz until THEY disagree and then they very UNdemocratically ban Rabbi Kahane's legitimate political party (KACH) and persecute his followers and everyone who oppose their suicidal policies with the zeal of Communist Russia (they lean more towards Russian "democracy" than Western style). Nazis and Communists are both SOCIALISTS and will do all they can to crush opposition and destroy independent thought and action. How godless (atheistic regimes) and self-destructive!
 
  • #12
Originally posted by David Ben-Ariel
YES! But isn't that extremist of them? Especially when they haven't even charged him with any crime! It also reveals what hypocrites they are, like many liberals, since they preach tolerance and understanding and all that jazz until THEY disagree and then they very UNdemocratically ban Rabbi Kahane's legitimate political party (KACH) and persecute his followers and everyone who oppose their suicidal policies with the zeal of Communist Russia (they lean more towards Russian "democracy" than Western style). Nazis and Communists are both SOCIALISTS and will do all they can to crush opposition and destroy independent thought and action. How godless (atheistic regimes) and self-destructive!
We'll let you drop the first bomb on Israel, ok?
 
  • #13
They arent being religious extremeists though David. There is a thin line that Israel is treading to keep the peace at the moment and having people like Noam Federman about providing explosives ISNT a good idea. They have probably locked him up to keep the peace. If you have someone who is as 'just' as you say, then if he is let out then the people will listen to him and a war could start which Israel arent prepared for, EVEN with God on their side. Dont forget that muslims believe (more religiously) in God as well.
 
  • #14
Originally posted by Zero
We'll let you drop the first bomb on Israel, ok?

I already dropped the first bomb on Israel when my full page article was published in Jerusalem warning them that the fascist Eu would conquer Israel and that German-Jesuit jackboots would trample Jerusalem! Later during my six and a half hours interrogation (by six different secret policemen), I told them the only "explosives" I was involved with was my book, Beyond Babylon. That NEWSBOMB is now beginning to be detonated around the world, as a witness against Europe and a warning to the world, before NUCLEAR BOMBS strike a change in Earth's balance of power and prosperity.
 
  • #15
was your bomb as effective as a nuclear bomb though...i doubt it.
 
  • #16
Is this thread about anything other than selling books to fellow paranoids?
 
  • #17
Originally posted by Zero
Is this thread about anything other than selling books to fellow paranoids?

It's about publicizing the plight of Noam Federman in Israel who has been denied due democratic process, and the fact that I was unjustly imprisoned and deported by increasingly Stalinist paranoid forces.

It would be a little difficult to sell Beyond Babylon: Europe's Rise and Fall since it is FREELY OFFERED upon the internet at www.benariel.com

Paranoid? If so with just reason. Just take a look at Germany's bloody and warlike history. Too many will have a rude awakening to when the air-raid sirens sound (TOO LATE) and Germany's politico-religious amibitions become nuclear clear, but such folk will have plenty of time to THINK about it in CONCENTRATION camps. Then they'll realize that even as the announced BAD NEWS came true, there's genuine HOPE that the GOOD NEWS will also. Think about it.
 
  • #18
Originally posted by jimmy p
They arent being religious extremeists though David. There is a thin line that Israel is treading to keep the peace at the moment and having people like Noam Federman about providing explosives ISNT a good idea. They have probably locked him up to keep the peace. If you have someone who is as 'just' as you say, then if he is let out then the people will listen to him and a war could start which Israel arent prepared for, EVEN with God on their side. Dont forget that muslims believe (more religiously) in God as well.

They are being "religious" extremists by enforcing a STATE religion that demands THOUGHT CONTROL. In true democracies, you do the crime you do the time: not if we think you might be thinking about it we'll lock you up and throw away the key! That sets a very dangerous precedent! Next your enemies could accuse you of saying or thinking something that the Bolshevik authorities don't approve of. A dark and slippery slope indeed.

Israel should charge Noam Federman, produce their evidence, give him his day in court or RELEASE HIM, plain and simple and most democratic.
 
  • #19
So, yeah...time for the UN to call for troops to invade Israel, right?
 
  • #20
Can you give me reasons to why he SHOULDNT be locked up?? Maybe the government won't say the reasons that they locked him up because the ignorant masses won't believe it cos they are ignorant and therefore stupid.
 

1. What is administrative detention for Israelis?

Administrative detention for Israelis is a legal system in Israel that allows the government to detain individuals without charge or trial for an indefinite period of time. It is used to prevent threats to national security or to gather intelligence.

2. How does administrative detention differ from regular detention?

Administrative detention differs from regular detention in that it does not require a trial or formal charges to be brought against the detainee. The decision to detain is made by an administrative body, rather than a court, and the detainee is not given the opportunity to defend themselves.

3. Is administrative detention a violation of human rights?

Many human rights organizations argue that administrative detention is a violation of human rights, as it deprives individuals of their right to a fair trial and the presumption of innocence. However, the Israeli government argues that it is necessary for national security reasons.

4. How long can someone be held under administrative detention?

Under Israeli law, a person can be held under administrative detention for up to six months, but this period can be renewed indefinitely by a military court. Some individuals have been held for years without trial or charges being brought against them.

5. Can administrative detention be used as a form of collective punishment?

There have been cases where administrative detention has been used as a form of collective punishment, particularly against Palestinian communities. This is a controversial issue, as it goes against the principle that individuals should only be detained for their own actions, rather than those of their community.

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