Israel arrested last night about 100 members of Hamas. Those arrested are Hamas activists who had violated laws pertaining to the prevention of terrorism. While those arrested include ministers and legislators, it needs to be emphasized that the majority of those arrested are not. In any case, the arrests were carried out due to terrorist activity.
The action was taken within the context of a normal legal criminal procedure, for the purpose of interrogation. Those arrested are suspected of criminal offenses connected with the activity of a terrorist organization and participation in the directing of terrorism and other offenses, which constitute a violation according to the Ordinance for the Prevention of Terrorism.
The action is a legal criminal procedure which will be subject to all the rules governing such a procedure, i.e. those arrested will be entitled to legal defense, their detention and questioning will be subject to judicial review, and the law enforcement agencies will have to provide the necessary evidence in order to put them on trial. In the event that there is no basis for putting someone among those arrested on trial, that person will be released.
The rise of the Hamas terrorist organization to power was seen as a grave development that brought the international community to demand of the Hamas government an immediate cessation of terrorism. The Government of Israel at that time acted with restraint in order to give the President of the Palestinian Authority the opportunity to get the Hamas government to abandon the path of terrorism and violence.
Recent events and especially those of the last few days prove that the results of the elections in the Palestinian Authority were translated into a government policy of terrorism. A manifestation of this policy has been the continuing launching of Kassam rocket attacks against communities in southern Israel and against the civilian population with the explicit intention of sowing destruction and causing the deaths of innocent people; the incursion into the territory of Israel and the kidnapping of the soldier Gilad Shalit constituted a severe escalation as part of the terrorist policy of the Palestinian government.
Hamas' taking of responsibility for these events and for the kidnapping of the soldier, as well as the demand for an exchange of captives, prove that the main purpose of Hamas is not to care for the welfare of the Palestinian people, but to carry out a terrorist policy against Israel.
Consequently, the Government of Israel decided, as part of its basic obligation to its citizens, that it must fulfill its responsibilities and carry out the requirements of the Ordinance for the Prevention of Terrorism. This action against those who were arrested, including the fact that some of them are ministers and legislators who are members and activists in the Hamas terrorist organization, was carried out in coordination with the judicial system and was approved by it.
Thus, the detention procedures constitute an action in keeping with the rules of Israeli and international law, and were examined before being carried out.
Considering the situation that has been created and looking at the various options, the action taken by Israel is the minimal required according to the law.