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January 28, 2005/Shevat 18 5765, Vol. 57, No. 22

Report from Israel

TERRY GODDARD
Earlier this month, I represented Arizona as one of seven state attorneys general on a delegation to Israel. We came away with renewed admiration for the nation's legal system, especially its ability to balance strong internal security with the preservation of human rights.

It would be hard to imagine a more interesting time to visit Israel. Mahmoud Abbas was elected president in the Palestinian Authority election on Jan. 9. A few days later, Israeli Prime Minister Ariel Sharon created a new government committed to "disengagement" from the West Bank and Gaza. The razor-thin majority held by this "unity" government made every Knesset vote dramatic.

Incidents of violence and strenuous security measures ratcheted up as well. The terror felt close for our group of AGs when a bomb killed an Israeli officer near where our group had been hours before.

We met with an extraordinary cross-section of Israeli leadership in law enforcement, the military and the judiciary, as well as advocates for Palestinian causes and Israeli citizens newly immigrated from the United States.

In this last category was Ian Pear, a dynamic young Jerusalem rabbi who grew up in Phoenix, and whose parents live in the Valley. Pear's wife is the daughter of Bob Abrams, the former New York attorney general and a member of our delegation. In spite of the violence and very high living costs, they were enthusiastic about their decision. They described their experiences in Israel as exceptionally positive, especially as a place to raise children - citing excellent education and health care. They felt their children were safer in local parks and public spaces than they would be in the United States.

Our group had the chance to view the controversial security fence firsthand. We met with local elected officials from the Gilboa Regional Council in northern Israel, where the first physical barrier was constructed.

We also met with two members of the Israeli Supreme Court: its president, Aharon Barak, and newest member, Elyakim Rubinstein. Both justices had previously served as Israel's attorney general. We were surprised to find the extent to which the Israeli Supreme Court reviews actions of government that impact individual rights. Even military actions in progress can come within the scope of this court's review.

We concluded that the rule of law in Israel is a dynamic partner in governance. Although many we spoke to disagreed with one or another of the court's opinions, everyone seemed to respect its independence, integrity and commitment to individual rights.

Even in the midst of national emergency, the Israeli Supreme Court has maintained a strong commitment to individual rights and liberties. In each decision, the court balances national security concerns, the degree of danger, the effectiveness of the security measure proposed and the impact on personal liberty. When the security improvement is minimal and the personal deprivation great, the balance tilts toward protecting civil rights.

Palestinians and Israelis may never be friendly neighbors; the key question is whether they can resolve the complex issues before them without further bloodshed. Respect for the law is one, perhaps the only, area of mutual trust between sworn enemies and the essential gateway to any hope for peace.

Terry Goddard is Arizona attorney general.


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