Caselaw

Criminal Case (Be’er Sheva) 20958-08-24 State of Israel – F.M. v. Muhammad Azzam - part 73

April 30, 2026
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The explanatory notes show that in order to "provide the law authorities with a variety of tools in the field of criminal and public law, the purpose of which is to prevent the existence and activity of terrorist organizations, to prevent and thwart terrorist activity, and to damage the organizational and financial infrastructure that feeds it..." – the legislature did not suffice with a formal-organizational connection, but also expanded the network of criminalization to include declarative and functional affiliations – provided that these are genuine.

Therefore, when a judge is required to decide whether a person is "a member" of the organization, he is not only looking for an intention, but a critical mass of affiliations.

The defense's argument that the facts of the indictment do not constitute an offense under section 22(a) of the law, ignores and demonstratively ignores the facts of the indictment (which have been proven and which she no longer disputes in her summaries).  Her attempt to detach the hearing and the decision as to the meaning of the training oath that the defendant performed, from the factual basis, as she did in her summaries, as if all that is attributed to the defendant is the execution of a statement between him and himself in the room of his home, was intended to fail in advance.

It is more reasonable to assume that if the defendant had deliberately committed only an act between himself and him, without committing an operative act, in the absence of a functional connection, his case would have remained within the scope of the conceptual connection, and it is clear that an indictment was not filed.

In the explanatory notes, it is clear that the legislature sought to exclude "curious statements" or "theological arguments."  However, when the "oath" (oath) is recited as part of a sequence of digitization of loyalty, which includes the consumption of operative manuals over the years and the adoption of organizational slang as a communication protocol, it ceases to be a statement "to the whole world" and becomes an act of joining.

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