by Dr. Ephraim Herrera
[The] legal system -- places obstacles in the way of using the force required to restore order, imprison jihadists and outlaw the organizations that seek to wipe out democracy
On Oct. 8, in a 
sensitive area on the outskirts of Paris, a male and a female police 
officer on a security patrol were attacked in their car. The young 
attackers set fire to the vehicle and stopped the officers from leaving 
it. Both sustained serious burns, but neither used their weapons for 
fear of the legal system. 
They had reason to be 
afraid: A police officer who shoots and kills an armed serial criminal 
will stand trial on murder charges. It's no wonder that every year in 
France over 10,000 police officers (one out of every 15) are injured. 
France's police are fed up, and they have started demonstrating, 
carrying placards reading: "Re-evaluate the conditions for self-defense.
 The fear needs to shift to the other side" and "The legal system 
oppresses the police." 
France has a list of 
over 10,000 Muslims with ties to jihad. But in this matter, too, legal 
restrictions do not allow suspects to be jailed. Some of the terrorists 
from the Paris nightclub attack in November 2015, who killed 90 people, 
were listed as jihadists, but no action was taken against them. Amedy 
Coulibaly, who murdered four people at the Hyper Cacher supermarket in 
Paris last year, was given early parole, in line with the rules laid out
 by the French justice minister. The UOIF, a Muslim organization 
associated with the Muslim Brotherhood, whose founder declared openly 
that his goal is to bring Muslim rule to France, operates legally, even 
though it has been declared a terrorist group by the United Arab 
Emirates. 
All these point out two
 basic problems. The first is a lack of willingness to acknowledge the 
new situation in the West: the Muslim ambition to take over the 
continent, whether through violence, like the jihadists, or through 
immigration and calls to Islam, like the Muslim Brotherhood. The methods
 used by the police and the courts are appropriate for criminal law, not
 a state of war. 
The second problem is 
the radicalization of the legal system, which places obstacles in the 
way of using the force required to restore order, imprison jihadists and
 outlaw the organizations that seek to wipe out democracy. It acts with 
forgiveness toward immigrants and radical Muslims who are a threat to a 
thousand different lawless areas where the police are afraid to go. And 
if they do go in and arrest a criminal, it's likely the suspect will be 
released the next day. As one embittered judge put it, "Everything is 
done to avoid putting a criminal in prison, and everything is done to 
get him out as quickly as possible." 
In Israel, civilians 
who neutralize terrorists are still appreciated, and rightly so. But 
there are growing signs of the French phenomenon described above. While 
Jewish settlements are evacuated mercilessly, the legal system demands 
that electricity and water be supplied to illegal Bedouin communities. 
The entire system turns a blind eye to illegal Palestinian construction 
as well as to the jihadist education in Muslim schools. Here, too, 
judges released avowed jihadists who then become murderous terrorists. 
Israel and the West are
 fighting the same war against Islam, which seeks to eliminate them. 
They must enact laws to hold the legal system, which has authority but 
not responsibility, in check. It is vital to acknowledge the situation 
as one of war; to classify Islamist organizations as illegal and support
 for them as a war crime; and to give security and law enforcement 
bodies appropriate tools and to defend them against lawsuits. Without 
these measures, democracy will get lost in the law, in the name of 
values.
Dr. Ephraim Herrera
Source: http://www.israelhayom.com/site/newsletter_opinion.php?id=17543
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