Discussion and Decision
- 17. Does an act of "pledge" (oath of allegiance) to the leader of the terrorist organization ISIS, which the defendant carried out independently (by himself), without any human contact or direct digital contact with a representative or agent of the terrorist organization, meets the definition of "belonging to a terrorist organization" according to Section 2(a) Thus perfecting the offense of membership according to Section 22(a) To the Counter-Terrorism Law? is the question at the heart of the dispute between the parties.
While the defense argues that in the absence of bilateral interaction, no "organizational affinity" has been created, the state argues that in ISIS's unique operating model, self-assertion and the adoption of modus operandi are sufficient to constitute membership in the organization.
I will preface the result of the reasoning and say that after hearing the witnesses, examining the prosecution's evidence, and the law, I have come to the conclusion that the lack of direct, physical or digital contact/contact with a representative or agent of the terrorist organization ISIS does not detract from the sophistication of membership in the organization in the circumstances in which the defendant acted in accordance with the "joining protocol" outlined by the organization itself for its supporters and activists in foreign arenas, and in Israel in particular. Therefore, and once it has been proven beyond a reasonable doubt that after October 7, 2023, the defendant joined the terrorist organization ISIS, it must be determined that he is a member of a terrorist organization.
My aforesaid conclusion is based, inter alia, on the following:
- Factual Basis This includes the defendant's confessions in his interrogations with the Shin Bet and the police, according to which he considered himself to have joined the terrorist organization from the moment he made a 'statement,' i.e., he swore training to the leader of the terrorist organization after October 7, 2023; Objective evidence – internal and external – that integrates and fully supports the defendant's confession of all its components; a security opinion by a Shin Bet expert known as Yishai, according to which it emerges and learns, among other things, that in the modern digital age, "self-expression" is a "recruiting tool" of enthusiastic supporters of the organization's ranks;