In the Jerusalem Magistrate’s Court. Case /95.
THE STATE OF ISRAEL, Represented by the State Attorney, Ministry of Justice, Jerusalem
A p p e l l a n t
Requests the Arrest of Moussa Mohammed Ben Mohammed Abu-Marzook, born in 1951, Identity No. 902766563 (Detained in New York, U.S.A.)
R e s p o n d e n t
REQUEST FOR DETENTION
The Honorable Court is hereby requested to issue an order for the detention of the Respondent.
For the following reasons:
1. The Respondent was detained on July 25 1995 in New York, the United States, by the U.S. authorities.
2. The Appellant intends, without delay, to apply to the U.S. authorities and request the temporary detention of the Respondent pending the submission of an extradition order against him.
3. In the course of the Appellant’s request for temporary detention of the Respondent in the U.S., the Appellant must notify the U.S. authorities, inter alia, of the existence of a detention order against the Respondent in Israel. Accordingly, the Appellant applies to this Honorable Court to issue a detention order against the Respondent.
4. The Respondent is the head of the "Political Bureau" of the Hamas Movement, which is the movement’s most senior leadership body. The "Political Bureau" which, as stated, is headed by the Respondent, inter alia, determines the policy of Hamas in central matters which the Hamas organization deals with, primarily the policy of attacks by the movement, deriving lessons from attacks carried out, issuing directives to activists to operate in the country, in the Administered Territories, and in Hamas areas of operation abroad.
5. In the capacity of his function as head of the "Political Bureau", the Respondent is responsible for transferring funds for Hamas activities, including military activity, and has thus acted in the past, as detailed hereunder.
6. Material in the possession of the Appellant indicates that, between the years 1990 and 1993, the Respondent dispatched emissaries on a number of occasions to Judea, Samaria and Gaza for the purpose of arranging and expanding military activity of the Hamas organization. In this framework, the Respondent was party to the transfer of funds to the Territories, inter alia, for acquiring weapons to be used later to carry out lethal attacks.
7. In 1989, the Respondent arrived in Gaza, met with activists of the Hamas organization, appointed them to be responsible for organizing various apparatuses and determined the distribution of area responsibility within the Gaza Strip. He also issued detailed instructions for setting up an organizational infrastructure for Hamas, including active, violent actions. To finance this activity, the Respondent transferred to the above-mentioned activists the sum of about $100,000.
8. In 1991, the Respondent worked in the United States to increase Hamas’s military activity in the Territories and charged others with missions connected to organizing military activity in the Territories and increasing it.
9. In 1992, in the framework of the Respondent’s activity in increasing Hamas’s military activity in the Territories, he dispatched an emissary on his behalf from the United States, with a considerable sum of money with the Respondent’s knowledge, in order to serve the objectives of the Hamas organization. The emissary met with a central Hamas activist in the Hebron district, who dealt at the time in establishing a military apparatus in the area, and gave him a sum of approximately $100,000, of which $45,000 was earmarked for the purchase of military equipment. Considerable military equipment was acquired with this money, including two Uzzi sub-machineguns, carbine rifles, a Kalachnikov gun and an M-16 rifle. The applicant possesses material according to which these weapons acquired as described above were used in lethal attacks in Hebron, in the course of which an I.D.F. soldier was killed, and in another attack on a military vehicle, two soldiers were wounded.
10. Part of the arms acquired were transferred to wanted fugitives in the Gaza District, where they served to carry out shooting attacks.
11. After the emissary had returned to the United States, the central Hamas activist in the Hebron area contacted the Respondent and requested additional funds from him for the organization’s activities. The Respondent promised to send additional funds.
12. In 1993, the Respondent transferred, through the same emissary coming from the United States, the sum of $300,000 to finance military activities of Hamas in the Territories. The emissary handed part of this money, which he had received from the Respondent, to Hamas activities, until he was detained [by the Israeli authorities].
13. The above-mentioned activity of the Respondent in setting up an organization and operational infrastructure for Hamas activity, his responsibility in transferring substantial funds to finance the activity of the Hamas organization, funds which served, inter alia, to purchase weapons meant to strike at citizens of the State of Israel and soldiers of the I.D.F. and which, as stated, resulted in the death of a soldier and the wounding of others the directives which the Respondent gave to Hamas activists, all testify to his intention for murders, killing, grievous bodily harm and the infliction of injuries with malicious intent, to be perpetrated against Israeli citizens and soldiers of the I.D.F. In his above-mentioned actions, the Respondent conspired to perpetrate murders, killings, injuries and grievous bodily harm. His actions constitute the crimes of conspiracy to commit murder, conspiracy to commit manslaughter, conspiracy to inflict injury, and conspiracy to inflict grievous bodily harm.
These actions are in violation of the following Clauses: 298 – Manslaughter; 300 (A) – Murder; 329 – committing grievous bodily harm; 333 – Grievous harm; 334 – Injuries; 335 (1) – Wounding and Injury in Aggravated circumstances; 499 – Conspiring to commit crimes and violations, according to the Penal Law, 1977.
Issued: July 31, 1995.
Deputy State Attorney for Criminal Affairs.