Identifier
Created
Classification
Origin
06TELAVIV2621
2006-06-30 09:40:00
CONFIDENTIAL
Embassy Tel Aviv
Cable title:  

ISRAELI MINISTER OF JUSTICE CONCERNED WITH

This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 03 TEL AVIV 002621 

SIPDIS

DEPT FOR NEA/IPA
DEPT OF JUSTICE FOR BRUCE SWARTZ

E.O. 12958: DECL: 06/28/2016
TAGS: PGOV KPAL KJUS IS GTIP GOI INTERNAL ISRAELI PALESTINIAN AFFAIRS ISRAEL RELATIONS
SUBJECT: ISRAELI MINISTER OF JUSTICE CONCERNED WITH
TERRORISM

Classified By: Ambassador Richard H. Jones. Reasons: 1.4 (b,d).

C O N F I D E N T I A L SECTION 01 OF 03 TEL AVIV 002621

SIPDIS

DEPT FOR NEA/IPA
DEPT OF JUSTICE FOR BRUCE SWARTZ

E.O. 12958: DECL: 06/28/2016
TAGS: PGOV KPAL KJUS IS GTIP GOI INTERNAL ISRAELI PALESTINIAN AFFAIRS ISRAEL RELATIONS
SUBJECT: ISRAELI MINISTER OF JUSTICE CONCERNED WITH
TERRORISM

Classified By: Ambassador Richard H. Jones. Reasons: 1.4 (b,d).


1. (C) SUMMARY: In a June 28 meeting with Attorney General
Alberto Gonzales, Minister of Justice Haim Ramon encouraged
the United States to take action at the United Nations
regarding Khalid Misha'al, whom Israel believes is behind the
kidnapping of an Israeli soldier at Kerem Shalom. Ramon also
sought to draw parallels between the killing of Al-Zarqawi
and Israel's practice of targeted killings, noting the
constitutionality of targeted killings is currently a subject
of debate in the Israeli Supreme Court. He urged the U.S. to
take up the issue of universal jurisdiction with the European
Union and address what Israel sees as a strategic legal war
against Israel and other countries fighting terrorism.
Gonzales praised recent U.S.-Israel coordination against
global terrorist financing, noting the importance of
testimony from the Israeli Security Agency in prosecuting the
Salah case in Chicago and requesting future cooperation on
the Holy Land Foundation case in Dallas. Gonzales also
raised a range of non-terrorist-related issues with Israeli
counterparts, seeking updates on Israel's anti-trafficking
efforts, the protection of intellectual property rights, and
requests made pursuant to the mutual legal assistance treaty.
END SUMMARY.

--------------
Kerem Shalom Kidnapping
--------------


2. (C) Ramon strongly urged the United States to "lead the
struggle" against Syria and Khalid Misha'al, whom the GOI
believes to be the mastermind behind the kidnapping of an
Israeli soldier near the Gaza border. Ramon compared
Misha'al to Osama Bin Laden. Ramon said that Misha'al is the
main obstacle to releasing the kidnapped soldier, and, given
the infeasibility of another attempt by Israel to assassinate
Misha'al, suggested that the United Nations might be the most
appropriate forum for U.S.-led official action.

--------------
Targeted Killings: The Only Option
--------------


3. (C) Ramon sought to draw direct parallels between the

death of Al-Zarqawi and Israel's policy of targeted killings.
He defined the GOI policy as the targeting of a combatant
terrorist in places where Israel does not have effective
control. While the constitutionality of such killings is
currently under debate in the Israeli Supreme Court, the GOI
views them as its only option. According to Ramon, Israel
carries out targeted killings almost exclusively in Gaza.
Israel has only initiated one such action in the West Bank
since 2002. Ramon expressed mock surprise that there was no
international outcry against Al-Zarqawi's death, which the
GOI also sees as a targeted killing, while Israel is
constantly under scrutiny for similar practices.


4. (C) The Attorney General noted that the targeting of an
enemy's military leadership on the battlefield in a time of
war is permissible. However, Europe generally does not see
the "war against terrorism" as a formal war, and would rather
see the arrest, legal representation and prosecution of
alleged terrorists. The Attorney General also clarified that
U.S. practice is for the FBI to follow such procedures within
the United States.

-------------- --------------
Universal Jurisdiction Unfairly Targeting the "Free World"
-------------- --------------


5. (C) Ramon expressed concern at the number of private
arrest warrants initiated in European countries against
Israeli citizens. He said such warrants are a threat to
Israel, the United States, and a "free world" engaged in the
fight against terrorism. The warrants are requested by
Palestinian NGOs and other private organizations based in
Europe, mainly in Belgium and England. In the case of
England, a warrant can be issued even without British
government involvement. Israel believes NGOs are targeting
Israelis who have served in the West Bank and Gaza, and that
efforts to resolve Israel's concerns with individual European
governments have not yielded desired results. Ramon
encouraged the U.S. to apply pressure to the European Union
on this matter. The Attorney General noted that the U.S.
shares Israel's concerns on the matter of universal
jurisdiction, but noted the current U.S. practice of
addressing warrants on a case-by-case basis, and not at the
EU level.

--------------
U.S.-Israel Legal Coordination and
Global Terrorist Financing
--------------


6. (C) The Attorney General thanked Ramon for allowing two
Israeli Security Agency (ISA) agents to testify in the
Muhammad Salah case earlier this month in Chicago. (Note:
The judge ruled that statements Salah made to the agents
would be admissible at Salah's October trial. End note.) The
Attorney General asked the Government of Israel to consider a
request for similar cooperation against the Holy Land
Foundation in Dallas. Ramon reiterated his support in
principle for such legal coordination, citing Israel's
attempts to prosecute the Holy Land Foundation for funding
terrorist activities. Ramon also suggested the need for
further discussion, as well as reassurances for the safety of
the GOI agents. In the case of Mr. Salah, who has already
served two years in an Israeli prison, Ramon requested a
meeting take place before witness preparation takes place in
Israel in August.

--------------
Anti-Trafficking Update
--------------


7. (SBU) The Attorney General reminded the minister of
Israel's Tier 2 Watch List rating, and expressed concern that
Israel is "trending in the wrong direction" in its handling
of trafficking issues. He specifically cited the lack of
legislation to outlaw labor trafficking as contributing to
this negative trend. Ramon expressed concern about
trafficking, noting that the newly-formed government had just
marshaled through the new Knesset a successful vote for
continuance of the draft, comprehensive anti-trafficking bill
that passed its first reading in the last Knesset. The bill
will take a few weeks to be finalized, Ramon said, adding
that he believes that Israel is on its way to minimizing, and
indeed solving, the specific problem of trafficking of women.
Ramon explained that the Knesset appointed a Ministry of
Justice official, Rachel Gershuni -- recent recipient of a
State Department "hero" award in recognition of her
anti-trafficking efforts -- to serve as the GOI's official
anti-trafficking coordinator, and to report to a special
directors-general committee established in order to enhance
cooperation and coordination among ministries. Ramon said
that the directors general of five ministries will be
represented on the special committee: Justice, Public
Security, Foreign Affairs, the Prime Minister's Office, and
Industry, Trade and Labor.

--------------
IPR and Mutual Legal Assistance Requests
--------------


8. (C) The Attorney General urged Ramon to make the fight
against non-terrorist-related crime a priority, and to
address specific areas of inadequate U.S.-Israel cooperation
and information sharing, including intellectual property
rights and requests made under the mutual legal assistance
treaty. While acknowledging U.S. concerns regarding the
global threat of IPR piracy, Ramon cited the inability of
legislation to adapt quickly enough to the changing
technology. "Technology is running, and we are hardly
walking," said Ramon. He agreed with the Attorney General
that the issue requires continued attention and said that
Israel will try to adapt legislation to do more. The
Attorney General urged the GOI to respond more promptly to
the USG's non-terrorist-related requests under the Mutual
Legal Assistance Treaty (MLAT). Ramon replied that this
issue belongs to the police, who do not fall under the
jurisdiction of the MOJ. He did commit, however, to look
into the case of Alex Odeh, a member of the Arab-American
Anti-Discrimination Committee, who was murdered 20 years ago
in the United States. The responsible parties are believed
to have fled to Israel. A Mutual Legal Assistance request
has been submitted to the GOI, and the lack of response
remains an issue of concern for the FBI.


9. (U) Attorney General Gonzales did not have an opportunity
to clear this message before departing post.

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