On the other hand, recognition of "self-determination" as an act that constitutes membership in a terrorist organization is a legal necessity that is required both by the language and purpose of the law and by an understanding of the organizational-operational strategy of the Islamic State. Hence, in the absence of a case whose circumstances fall within the scope of one of the alternatives listed in subsections (1) and (2) – the test for proving a person's membership in a terrorist organization – will be based on circumstantial evidence that actually shows that he is affiliated with the terrorist organization and considers himself a member of it.
- In support of the argument that a declaration lacks the validity and significance of a declaration to join a terrorist organization that a person made by himself without being a representative of the "hearer", the defense referred to the explanatory notes to the bill that deny a declaration "to all the world."
Like its predecessors, the argument ignores the distinction in the explanatory notes between "casual statement" and "operative statement."
The explanatory notes exclude "a vague statement... which was unleashed against me in circumstances in which there does not seem to be any substance at all", from a case in which it is not a "mere statement" but rather a behavior that attests to belonging, as in the case at hand in which we are dealing with a process of maturation of years of content consumption, adoption of organizational language, and accumulation of combat knowledge. In this case, the expression is not "flowering into the vacuum," but rather a signature on a process of self-initiation and joining the global terror system.
The defense also ignored data and the changing reality that were behind the bill, mainly the following:
The difficulty in fighting the terrorist organizations stems from the typical characteristics of the various terrorist organizations (a decentralized structure that extends over large areas similar to the structure of the ISIS terrorist organization); the fact that it is a multifaceted enemy that operates in many and varied ways; and the fact that it is not possible to learn about membership in a terrorist organization according to formal procedures or documents, as is customary in civilian organizations. and that against the background of the aforementioned data, it was suggested that the test for proving a person's membership in a terrorist organization should be based on circumstantial evidence that shows that he is affiliated with the terrorist organization and considers himself a member of it.