Not Actual “Necessity” But Possible “Justification”; Not “Moderate” Pressure, But Either “Unlimited” or “None At All”

Abstract

1. It is not too late, even now, to welcome the appointment of the statutory commission of inquiry, headed by former President of the Supreme Court Moshe Landau, to examine the methods employed by the General Security Service (GSS) in investigating “hostile terrorist activity” (HTA). The Landau Commission Report treats a broad spectrum of subjects, and the ordinary reader, such as myself, must bear in mind that he encounters only the first part of the Report, while there is also a second, confidential part which doubtless comprises discussions, conclusions and recommendations that cast additional light upon the first part and make for its fuller understanding.Even Part One of the Report, with its references to Part Two, constitutes in and of itself a major contribution to the effort to crystallize clear legal models of conduct for the special governmental organs involved in the sensitive area of the investigation of HTA cases. Raising the subject on the public agenda, the revelation of the facts involved, and examination of the attendant problems by a commission of such standing constitute an important step toward finding appropriate solutions. Although the Commission's approach is open to dispute on some points, dispute precedes all progress, at least the dispute between the new course and its predecessor.