Project Director: Prof. Mordechai Kremnitzer

Senior Researcher: Prof. Yuval Shany

Research Assistants: Adv. Yogev Tuval, Adv. Lina Saba, Adv. Amir Fuchs

How Should a Democratic Country Fight Terrorism?

The danger of terrorism has grown considerably in recent years. The scale and force of the damage that individuals and organizations are able to inflict through the use of conventional, chemical, biological, and nuclear weapons, the nefarious use of computer technology, and other means have risen to tremendous proportions. Lowered borders and greater access to information, technology, and finances have made terrorism a sinister and imminent threat that traditional defense systems are unable to quell. Moreover, as never before, terrorism has become a common occurrence. It is often coupled with a deep sense of religious mission for which adherents willingly sacrifice their lives. Terrorist organizations, and even individual terrorists, have honed their ability to carry out acts of terrorism originating from any location and aimed at any target. These developments reached their peak with the events of September 11, 2001, in the U.S. Yet since that time, the democratic world has witnessed several other devastating incidents of terrorism, including the attacks in Bali, London, Madrid, and Istanbul.

At the same time, these technological developments worldwide have significantly improved the capacity of countries to intrude in the lives of individuals and violate human rights and fundamental liberties. We can clearly identify a trend today in democratic nations—primarily Israel, the U.S., and Britain—to adopt harsh, invasive measures in fighting their wars on terror. These include monitoring and control mechanisms, confiscation and destruction of property, denial of individual liberties without a trial, and, in some instances, "preventive killings" (or targeted kilings) of suspected terrorists.

Where, then, does the border lie between legitimate security needs and drastic violation of individual rights in a democracy? Are all available methods justified in a war on terror? Or, conversely, do democracy's tools of laws and courts offer a sufficient response to the growing threat of terrorism—and if not, how can these tools be developed without overly restricting individual rights?

The Israel Democracy Institute (IDI) has been conducting research in recent years on the ability of democratic countries to deal with the phenomenon of terrorism. Heading the project is Prof. Mordechai Kremnitzer, with Daniel Reisner as senior researcher and Yogev Tuval as research assistant. Their purpose is to recommend new, practical means of conducting an uncompromising fight against terrorism and, at the same time, minimizing the accompanying violations of human rights.

In its research, the team will be focusing on how the struggle against terrorism has changed in recent years and how countries (Israel in particular) have responded to these changes. It will explore the new balances that need to be struck between the looming danger of terrorism and the democratic way of life and values. In addition, the IDI has created a regular forum of experts in law, security, and sociology that meets about once a month to discuss specific issues raised in the research. Among the topics addressed by the forum to date are targeted killings, administrative detention, judicial handling of terrorism-related cases, and strategic approaches to the threat of terrorism. The IDI will publish the forum's discussions and recommendations, together with articles and position papers prepared by the research team.

How Democratic Countries Fight Terrorism — A Legal Database

The research team has compiled a comprehensive database of methods employed by the State of Israel to combat terrorism, as well as key legislation and court judgments related to these methods. The team will soon be supplementing the databank with its positions papers, references to professional literature on the subject, and a survey of methods used by other countries (mainly the U.S. and Britain) to fight terrorism.