Jewish/Israeli plan to extend Israel's jurisdiction over American citizens:
Defender of the Jews, wherever they may be,
By Yossi Shain and Ze'ev Segal, Semit Times
"In the current tense discussions both in Israel and in the Jewish Diaspora concerning the new wave of anti-Semitism, politicians and commentators alike have overlooked the legal dimension of kinship responsibility (in the sense of kol Yisrael arevim ze laze) that exists in the Israeli penal code. Section 13 of this code, enacted in 1994, enshrines in law an express Israeli commitment to the Diaspora-homeland security nexus. Section 13, part of a wider reform of the code, granted Israeli courts jurisdiction over what is termed 'extra-territorial crimes,' that is, crimes committed outside Israel. Section 13 is unique in the way it relates to what is defined in its title as 'crimes against the state or against the Jewish People.' Section 13 states that: 'Israeli criminal law will also apply to offenses committed outside Israeli territory against: 1. The life of an Israeli citizen, Israeli resident or public servant, his body, his health, his freedom, or his property, because he is one of the above. 2. The life of a Jew, his body, his health, or his property, because he is a Jew, or the property of a Jewish institution, because it is Jewish.' In this section, Israel defined in explicit terms the connection between the Diaspora and the State of Israel as the state of the Jewish people ... By enacting the section on the 'Security of the Jews,' the State of Israel expressed its commitment to protect all Jews regardless of their citizenship and their countries of domicile, as if they were citizens of the state and as if the crimes committed against them were committed within Israel's state borders ... According to this (weaker) principle, a state may apply its criminal laws to those who harm its citizens or residents when they are outside its territorial bounds. This principle rests on the state's obligation to protect its citizens, even when they are outside its sovereign domain. It is also based on the personal (kin) connection to the state ... In 1994, when the Knesset added the 'Security of the Jews' clause, it established a new extraterritorial principle, an additional connection that makes possible the application of Israeli criminal norms outside the borders of the state. The significance of the clause is that the State of Israel sees the protection of all Jews as one of its supreme responsibilities and considers every Jew, wherever he/she may reside, to be covered by its legal protection ... The explanatory remarks said: 'Likewise it should be emphasized that special protection is granted in Section 13(b)(2) to the life, health, freedom or property of a Jew, because he is a Jew, and that this is without any other connection to the State of Israel ... This is an expression of the State of Israel's existence as the State of the Jewish people' ... The practical significance of the 'Security of the Jews' clause is that Israeli courts have jurisdiction over acts committed by foreigners against Jews because of their Jewishness. This means that from the point of view of the State of Israel, there is no substantive difference whether anti-Semitic offenses are committed inside or outside of Israel. In other words, in contrast to every other offense committed against Israeli citizens or Jews outside of Israel, and for which the court is not ordinarily empowered to judge, when an offense is motivated by anti-Semitism, the court has full jurisdiction. In addition, the conferment of judicial jurisdiction on an Israeli court, and the treatment of the offense as if it was committed within the borders of Israel, provides the State of Israel the authority to demand the extradition of the offender ... To the best of our knowledge, the 'Security of the Jews' clause has yet to be activated. This in no way diminishes the declarative and ideological importance of this law. It cannot be seen as beyond the realm of possibility that in the future, in certain circumstances, the law will cease to be merely words and will become a living and breathing reality. At this time when a foul wave of attacks is raging against Jews, their property, their symbols and their institutions, attacks that have reached such worrisome dimensions, it seems to us proper to create awareness of this unique clause in the Israeli penal code and to encourage public debate, both in Israel and in the Diaspora, regarding it." Prof. Shain and Prof. Segal are on the faculty of Tel Aviv University. Prof. Segal is Ha'aretz's legal affairs editor. Prof. Shain is also a professor of government at Georgetown University. |
