Membership in a terrorist organization is a status offense. In criminal law, and especially in status offenses, the proof of status is done by accumulating circumstantial evidence.
Just as "employee-employer relations" are not defined in a single law, but are learned from a set of tests (the integration test, the supervision test), so too is membership in a terrorist organization.
According to the preamble of section 2(a), "a person who is a member of a person", this offense is proven by means of a critical mass of circumstantial evidence.
Just as in an employee-employer relationship, a "desk in the office" or a "business card" is not a crime, but they prove membership in the organization; so too is slang, seniority in content consumption and expression. They are not the "offense" itself, but rather the objective and subjective proof that the person has moved from the status of an "extreme sympathizer" to the status of a "member of a member."
- 56. The court relies on the conclusions of the expert's opinion and gives his testimony full weight, which is inseparable from the basis of the findings that emerged from the defendant's personal devices and his confessions that were given of his own free will.
Through key witnesses such as the interrogator Aya and an ISA expert, whose testimony and professional opinion shed light on the ideology and methods of operation of the various Dar'ar organization in non-institutionalized arenas, we learned about the significance of the "bi'a" training oath in general and that committed by the defendant in particular.
We have learned that in the modern era, due to intelligence pressure and thwarting (especially in Israel), the Da'arar terrorist organization has undergone a process of "cognitive decentralization." In places like Israel, where there is no physical infrastructure, the organization relies on the individual to adopt the ideology independently. The terrorist organization Da'arar Shona no longer operates only as a classic hierarchical organization, but as a network of inspiration within the framework of a model it has developed as a "self-activation" designed to expand its base of supporters.