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). 
 
¶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. 
 
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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. 
 
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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. 
 
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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. 
 
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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. 
 
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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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