THE WAR IS THE TERRORISM THE SENTENCE IN MILAN "Kamikaze against the marineses, is not terrorism" Case Daki and war in Iraq, the motivations of the appeal strengthen the absolutions it decided from judge Forleo TOOLS Milan. "The routing of volunteers toward Iraq to fight against the American soldiers cannot be considered under some aspect a terrorist activity." And this even when, as in this case, "it appears clear the recruitment of kamikaze." The motivations of the verdict of appeal not only confirm, but straight they climb over the sentence of judge Clementina Forleo, that January 24 th 2005 was heavily contested for having acquitted three Islamic integralistis from the accusation of international terrorism, also holding shown that they recruited mujaheddin for the war in Iraq. The accused become more famous, the Moroccan Mohammed Daki, is in reality the only one acquitted by all the crimes: for the judges "it shared the reasons for which a Moslem had to go in Iraq to fight" and the interceptions show of it "the availability to help a fighting aspirant somalo" that he asked him of "to surrender him his/her passport", but then you/he/she has not done (also because you/he/she has realized that the police was about to arrest them) him, for which "you/he/she has occasionally been alone involved." For the other two accused, the tunisinis Alى Toumi and Maher Bouyahia, the court of sat down of appeal it considers "tried that from the February to March 2003 you/they have collaborated with the Egyptian Merai and the mullah Fouad" (the two ex imams in Milan and Parma arrested as capicellula) "helping the Moslem volunteers to move from Europe to Iraq to go to fight against the Americans and providing them of false documents of identity", but not even this is not terrorism. The verdict of first degree had doubted the key interception on the recruitment of kamikaze. The sentence of appeal, signed by the judge Rosario Caiazzo, it fully considers instead it tried (so much to be revealed the names of three kamikaze: Habib Waddani, Morchidi Kamal and Habib Sekseka) but irrelevant: "An action can be defined terrorist, in time of peace, also when it determines only an indirect danger for the civil population. But in a situation of armed conflict" this risk "it applies with great frequency", for instance "on the occasion of the bombardments ", for which count "only the actions exclusively direct against the civil population." "You/he/she cannot share then him the thesis of the accusation", that is attorney Spataro's objection according to which "the actions suicides would always (and by itself) constitute a danger for the civil population." The sentence doesn't quote the slaughter of Italian soldiers in November 2003 to Nassyria, but points out two different date-watersheds that leave the uncertain judgment (perhaps volutamente): the judge considers "done notorious" that "up to the August 2003 in Iraq some terrorist attack is not verified", because only since then "the actions suicides" you/they have struck "also civil"; but to half sentence underlines that "the period of military occupation" (parificabile to that "is of war" that it would legitimate the kamikaze) "you/he/she is concluded only formally June 30 th 2004 with the first Iraq provisional government." For the judge Caiazzo besides you/he/she is tried that "the volunteers from Europe were sent in fields of military training managed from To the Ansar A the Islam", that was "a real Islamic fighting organization" with "favorable binges to the terrorism", but this "it is not enough" to try the accusation "individually apiece" of the "recruiters." Toumi and Bouyahia deserve only therefore three years in jail for the false passports and the dispatch of clandestine in Iraq, while Daki goes scarcerato with so many excuses. Paul Biondani February 16 th 2006