<http://www.haaretz.com/hasen/objects/pages/PrintArticleEn.jhtml?itemNo=7642
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http://www.haaretz.com/hasen/objects/pages/PrintArticleEn.jhtml?itemNo=76425
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Attorneys for Hezbollah men: Clients should be given POW status

By Eli Ashkenazi <mailto:[EMAIL PROTECTED]> , Haaretz Correspondent,
Haaretz Service and Agencies

The attorneys for three Hezbollah guerrillas indicted by Israel on criminal
charges said Monday that their clients are not bound by the laws of the land
and deserve to be granted the status of prisoners of war. 

The three - Mahmoud Ali Suleiman, Mohammed Sarur and Mahar Qurani - were
charged at Nazareth District Court earlier Monday with membership in a
terrorist organization, providing services to an unlawful association,
undergoing illegal military training, and unlawful use of weapons.

Suleiman and Qurani have been members of Hezbollah since 1998, and Sarur
joined the organization in 2004. They have all served as fighters in the
organization, having undergone military training in Iran.

They were also charged with attempted murder, attempted kidnapping, and
conspiracy to commit a crime, charges relating to their alleged
participation in previous Hezbollah attempted operations, including one in
the village of Ghager in 2005.

It was not immediately clear how the defendants would plead to the charges,
which could carry lengthy prison sentences.

Attorney Smadar Ben-Nathan, who, along with Itay Hermlin, is representing
the three men, said that the prisoners are Lebanese civilians who fought
against Israel in armed combat. 

Hermlin also challenged the legitimacy of the criminal procedure, saying
that "Hezbollah must be defeated on the battleground and not in criminal
court."

He said that efforts to present the accused men as criminals instead of as
fighters, only demeaned the IDF soldiers who fought against them.

"In times of war, just as IDF soldiers are allowed to harm them, they are
also allowed to harm IDF soldiers," he said. 

Suleiman is accused of murder and kidnap due to his alleged involvement in
the July 12 raid in the Israeli border village of Zar'it, in which two
Israel Defense Forces soldiers were kidnapped and another eight were killed.
The abduction of reservists Ehud Goldwasser and Eldad Regev sparked the
onset of the 34-day Lebanon conflict.

Suleiman is accused of acting as part of several cells deployed to ambush
the IDF soldiers who entered Lebanon to chase down their comrades'
kidnappers.

Hermlin said that anti-tank missiles found in the possession of Sarur were
not held for the purpose of harming Israel, but rather for the purpose of
defending his village.

"The reasons for holding a criminal process are unclear," he said. 

But the director of the criminal department in the Northern District
prosecutors' office, Mirit Stern, said that the case at hand does not
legally meet the requirements to declare the three prisoners of war, as they
did not act according to the rules and traditions of war.

According to her, "illegal fighters" have been brought to trial in the past,
and this is a routine procedure.


[Non-text portions of this message have been removed]



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