Hizbullah, "Israel" take grudge to courtroom

By Mehdi Lebouachera
Source: AFP, 11-4-2007
JERUSALEM (al-Quds) - Eight months after the war between "Israel" and Hizbullah in Lebanon the two foes took their battle to the courtroom on Tuesday as three captured occupation-resistance fighters now fight for legal protection as prisoners of war.
"Israel" is seeking to brand the militants captured by its troops in southern Lebanon as "illegal combatants," the same legal classification used by the United States to deny Guantanamo Bay inmates due process in American courts.
The militants` "Israeli" lawyers, however, say they deserve to be protected by the same international treaties that apply to prisoners of war.
At a preliminary hearing on Tuesday, the defence argued that Hizbullah acted as an agent of the Lebanese government while the prosecution countered that Hizbullah did not reflect Lebanese government policy.
"On the day that the two `Israeli` soldiers were taken -- last July 12 -- Prime Minister Ehud Olmert accused Lebanon of an attack against the state of `Israel`," the lawyer for Srour said.
Lebanese president Emile Lahoud, meanwhile, "constantly said during the war that Hizbullah belongs to the national resistance and is complementary to the army."
Defence attorneys also argue that the captured Hizbullah militants deserve the same treatment as "Israeli" soldiers held in Lebanon.
"I don`t think that anybody (in `Israel`) disputes the fact that the two `Israeli` soldiers are prisoners of war. This is why the government must give (Hizbullah militants) this same status," Ben Nathan said.
The three men -- Mohammed Adelhamid Srour, 20, Hussein Suleiman, 23, and Maher Hassan Kurani, 30 -- were captured on August 4 in the villages of Aita al-Shaab and Shihine, two Lebanese border villages on the war`s front lines.
They are being charged with attempted murder for setting an ambush for "Israeli" soldiers and "membership in a (so-called) `terrorist` organisation." Suleiman is accused of aiding in the capture of two "Israeli" soldiers in July, during the month long conflict last year.
"They are prisoners of war because they were combatants who took part in a war between two countries, `Israel` and Lebanon," defence lawyer Smadar Ben Nathan told AFP.
"Lebanon did not send its own troops to the south to protect it against the `Israeli` army but instead relied on Hizbullah. It thus represented the Lebanese armed forces."
"Israel`s" justice ministry sees things differently. Hizbullah, it says, is an "illegal terrorist militia" which is not in any way a regular army.
While as enemy combatants the three captives would face murder charges and the prospects of long stints in "Israeli" jails. As prisoners of war, they would be sent back to Lebanon as soon as a prisoner exchange can be agreed.
"The system has decided they should be tried as people who commit crimes against the state of `Israel`," justice ministry spokesman Moshe Cohen told AFP.
"They can not enjoy the privileges of prisoners of war because they don`t abide by rules of engagement. They shoot from within civilian homes," he said. "You have to pay the price for what you did."
Defence lawyers say they hope that wartime declarations by "Israeli" and Lebanese leaders will show that "Israel" entered into a conflict with another country, a war to which international law applies.
The case is due to resume on April 26.