State of Israel v. Jabarin

CrimFH 8613/96 State of Israel v. Jabarin (2000)  

Juridiction : Cour suprême d’Israël siégeant en tant que High Court

The appellant was convicted of an offense under section 4(a) of the Prevention of Terrorism Ordinance 5798-1948 for an article he had published.  This hearing addresses the question whether the construction of section 4(a) of the Prevention of Terrorism Ordinance requires a causal connection   between the publication of the words of praise, sympathy, or encouragement and the risk of the occurrence of acts of violence pursuant to the publication, for a conviction.  The court further addresses the question whether section 4(a) of the Prevention of Terrorism Ordinance relates only to “acts of violence” of a terrorist organization or to any “acts of violence”.

The Court held (majority) that section 4(a) relates to acts of violence of a terrorist organizations and the words of praise and encouragement relate to acts of violence of a terrorist organization.  The majority held that the words and praise and encouragement in the publication, which was the subject of the conviction, do not constitute acts of violence of a terrorist organization.  Therefore, the defendant was to be acquitted of the offense under section 4(a) of the Ordinance.

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