Aya also testified regarding inspirational attacks, describing the mechanism of action of "inspirational attacks" as one in which a person "enters the Internet... Watching videos, identifying with perceptions... He gives the bait, sees himself as belonging to an Islamic state, and at a certain point goes on to carry out an attack" (Transcript of February 19, 2025, p. 93, paras. 17-23).
The Normative Framework
Section 22(a) of the Counter-Terrorism Law states: "A member of a terrorist organization shall be sentenced to five years in prison."
Section 2(a) of the Law defines who is a member of a terrorist organization: "Member of a terrorist organization" – a person who is a member of a terrorist organization, including:
- A person who takes an active part in the activities of a terrorist organization or acts as a representative or agent on behalf of a terrorist organization;
- A person who has expressed his consent to join a terrorist organization, before a person who has a reasonable basis to assume that he is a member of a terrorist organization or a representative or agent on its behalf;
For the purposes of this definition –
- Anyone who has presented himself to another as a member of a terrorist organization is presumed to be a member of a terrorist organization; If a defendant raises reasonable doubt regarding his membership in a terrorist organization, the doubt will act in his favor;
- Focusing the Dispute on All the Parties' Arguments for Interpretation Section 2 (a) In the Counter-Terrorism Law, which defines who is a member of a terrorist organization, the question is whether the language Section 2 (a) in the law, and in particular the box "We shall be among the people", It is an independent source of incrimination Essential Belonging (to the organization), or is it interpretively subject to alternatives (1) and (2) that are limited and require contact with a representative?
Language of the Law
The core of the definition of "member of a terrorist organization" is – "a person who is a member of a terrorist organization", which is a general and substantive definition that is not restricted, while the expansion that uses the term "including" the majority before the demonstration alternatives enumerated in sections (1) and (2) indicates that the legislature sought to create a substantive-functional definition that focuses on the essence of the connection and the connection between the individuals that make it up, and not a closed technical list.