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The question has been recurring with increasing frequency as Arab (or, as they often refer to themselves, Palestinian) MKs become increasingly bold in speaking out against Israel, both at home and in foreign venues. MK Azmi Bishara (Balad party) caused a firestorm of criticism when he recently expressed support for Hizbullah in Damascus. MK Mohammed Barakeh (Hadash) was investigated for alleged incitement during a demonstration at Bir Zeit University last November in which he praised the Intifada and urged Israeli Arabs to participate in it.

Efforts to prosecute them have fallen by the wayside, due in large measure to Israel's liberal approach to permitted speech. Israel's High Court has repeatedly upheld the immunity of Knesset Members from prosecution for alleged offenses that touch upon free expression and serving their constituencies.

Incitement does not seem to be the relevant charge. It would be difficult if not impossible to prove that the remarks of these Knesset Members actually can be seen as inciting someone to commit violence. The courts have also been loathe to enforce provisions of a 1984 law which disqualifies political parties that have platforms opposing either the democratic or the Jewish character of the Israeli state. This legislation was used to disqualify former MK Rabbi Meir Kahane from running for re-election, but it has never been applied to exclude Arab parties or MKs. Arab MKs seem well aware of the latitude afforded by Israel's democratic protections, and choose their words carefully to avoid committing criminal offenses.

Still, there is something profoundly troubling about an elected member of a nation's legislature openly legitimizing and praising acts of terror committed against citizens of that nation. It would be akin to an American Congressman justifying an Islamic attack on the World Trade Center, or a British MP lauding the "special quality" of an IRA bombing in Central London.

After each such incident, Jewish politicians in Israel get all riled up and demand prosecution. Internal Security Minister Uzi Landau (Likud) said on Monday that A-Sana and several other Arab Knesset members were acting like traitors. "Only in Israel could they operate from within the Knesset in order to destroy the state," He demanded that A-Sana be tried and jailed. MK Tommy Lapid (Shinui) called on A-Sana to resign from the Knesset and MK Michael Kleiner (Herut) charged that Arab Knesset members represent "the political arm of Palestinian terrorism."

Attorney General Elyakim Rubinstein is recommending that the police investigate A-Sana on suspicion of incitement. "No country in the world is willing to accept statements by a member of its parliament who regards an attempt to murder soldiers in the middle of its cities as legitimate, irrespective of his political views," he said yesterday.

However, charges of incitement are not only near impossible to enforce. They miss the point. The issue is dual loyalty - or perhaps more correctly in the current cases, loyalty to a foreign entity or entities engaged in armed attacks against Israel.

Israeli law requires that elected Knesset Members pledge oaths of allegiance to their nation before entering office. Each MK in turn repeats, "I pledge" to the oath: "I pledge allegiance to the State of Israel and to faithfully fulfill my task in the Knesset."

Other nations impose more explicit oaths on public office-holders. In the United States for example, federal officials must take an oath that says, inter alia, "I will support and defend the Constitution of the United States against all enemies, foreign and domestic."

Israel does not have a formal Constitution, but the Knesset should consider a similar strengthening of its own oath, so that MKs would be required to publicly say: "I pledge allegiance to the State of Israel, and will support and defend it against all enemies, foreign and domestic, as I faithfully fulfill my task in the Knesset."

This modification would have two important benefits: deterring those who don't support the oath from running for Knesset, and enabling disqualification from the Knesset of those who blatantly violate this oath.

The need to add such a self-evident line to the Knesset oath as a condition for holding office in Israel is unfortunate, but it has been forced upon Israeli democracy by elected legislators praising terror attacks and expressing primary allegiance to the Palestinians, Hizbullah and even Iraq in their attacks against Israel.

Those who do not believe that Israel should be supported and defended against its enemies, foreign and domestic, should be given the opportunity to opt out of public service in the Israeli legislature. They should not be allowed to use Israel's liberal and democratic character to support those who wish to destroy the nation they are supposed to be serving, or to encourage those who would kill and wound their fellow citizens.

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