Drug offenses
- As I have already mentioned, offenses of distribution and trade between-Leumi Dangerous Drugs is one of the most prominent cross-border offenses. The unique characteristics of these offenses have led to widespread recognition of the need to intensify the fight against them and to take special measures against them. More than once it has been determined that it will not be possible to eradicate the plague "... If the states limit themselves only to punishing offenses committed within their borders. The drug trade... There has to be a phenomenon, against it
They all work together and each one separately..." (Words President Shamgar in Criminal Appeal 401/83 El-Kayel v. State of Israel (hereinafter - the Al-Kayel case [35]), at p. 357). Judge Turkel also noted this: "Crime is rising and crossing borders. It is becoming international. Especially in the drug business, in which large quantities of drugs are transferred from one country to another, and it is impossible to combat the phenomenon except through international cooperation" (Criminal Appeal 10946/03 Issa v. State of Israel (hereinafter - the Issa case [36]), at p.
See also: Y. Zilbershatz, "Dangerous Drugs: International Law and Israeli Law" [134] and Civil Appeal 9796/03 Shem Tov v. State of Israel [37], at pp. 413-415.
Not only has Israeli law had to deal with Israel's transformation into a major destination for drugs originating abroad, but it also required the increasing involvement of Israelis in drug offenses around the world. A particularly grim expression of this was given in a February 2004 report by the U.S. Office of National Drug Control Policy (ONDCP), according to which:
“The majority of the MDMA produced in other countries is trafficked to the United States by Israeli and Russian organized crime syndicates that have forged relationships with Western European drug traffickers and gained control over most of the European market”.
Against this background, the Dangerous Drugs Ordinance [New Version], 5733-1973, established a provision that extends the application of the Ordinance beyond the geographical boundaries of Israel. I am referring to section 38 of the Ordinance, which stipulates that Israeli law will apply, by virtue of an active personal connection (national connection), to drug offenses committed by a citizen or resident of Israel in any place (section 38(a)). It will also apply, by virtue of their grave nature (universal connection), to the main drug offenses in which they will be deemed - even if they were committed outside of Israel and by someone who is not Israeli at all - as if they had occurred in Israel (section 38(b)). In this regard, see and compare also: Criminal Appeal 4002/01 Corkin v. State of Israel [38], at p. 256; Criminal Appeal 7303/02 Hashek v. the Attorney General (hereinafter - the Hashek case [39]), at p. 502; Criminal Appeal 4479/03 Oiko v. State of Israel [40], March 10, 2004. The deviation from the principle of "narrow" territorial application stems from the recognition that the scourge of drugs has ceased to be an internal Israeli phenomenon, and its eradication justifies flexibility within the limits of the application of state penal law (see also: the Elkayel case [35], at p. 357 and criminal appeal 7230/96 Anonymous [22], at p.