ABSTRACT
One of the most problematic issues in the war on terrorism, inextricably linked to the democratic dilemma, is the question of legislation—that is, passing special laws in order to promote counter-terrorism and aid in its effectiveness. In practice, there are three types of emergency legislation in Israel, each of which draws its incidence from a difference legislative entity: Mandatory emergency legislation, administrative legislation; and Knesset legislation. One example of the problematic nature of using legislation to thwart and prevent terrorism is the issue of forfeiture of funds to terrorist organizations. Punitive policy goes hand in hand with legislative action. In fact, legislation is a preliminary stage preceding punitive action—in legislation, the decision makers define the crimes relating to terrorism that are punishable, and the severity of these crimes, and determine a minimum sentence or range of sentences for specific crimes.
