Evelyn Gordon
Contentions/Commentary
12 November 09
When four Knesset members proposed legislation last week to institute the death penalty for child murderers, it revived a long-dormant Israeli debate over the pros and cons of this penalty in general. The latest installment, in today’s Jerusalem Post, supports the current de facto ban on executions, arguing that they deter neither murderers nor terrorists.
Regardless of whether that’s true, it misses the point: Israel desperately needs a death penalty for hard-core terrorists — not as a deterrent but to prevent them from being released to kill again. And, equally important, to spare the country wrenching emotional blackmail over kidnapped soldiers.
While ordinary Israeli murderers usually serve their sentences in full, terrorists have an excellent chance of being released early — either in an effort to “bolster Palestinian moderates” or in exchange for Israelis (or their remains, or even a “sign of life”) kidnapped by terrorist organizations. Israel releases hundreds of terrorists for one or both of these reasons almost every year. Most recently, for instance, it freed 20 female terrorists in exchange for a mere videotape of kidnapped soldier Gilad Shalit.
There are no official statistics on what percentage of these freed terrorists return to kill again. While one would hope the security services track this data, no government has ever published it, possibly realizing that if the statistics were known, public support for prisoner releases would plummet. Unofficial statistics — leaked to journalists or compiled by private organizations — vary widely, ranging from 25-80 percent. But even the lower figure is hardly negligible.
And the anecdotal evidence is compelling. In 2007, for instance, the Almagor Terror Victims Association compiled a list of 30 attacks committed by freed terrorists in 2000-2005 that together killed 177 Israelis. IDF Col. Herzl Halevy said this September that terrorists freed in a 2004 swap with Hezbollah composed “the entire infrastructure of Islamic Jihad” in subsequent years — during which Islamic Jihad bombings killed at least 37 Israelis. In short, executing terrorists, and hence preventing their release, would save lives.
But beyond that, executions would also end the agonizing debate over whether to trade terrorists for kidnapped Israelis. Most Israelis, for instance, would have no objection to freeing minor offenders in exchange for Shalit; the problem is that Hamas is demanding hundreds of mass murderers — who, if freed, would almost certainly kill again. Had these terrorists been executed, however, they would not be available to trade. Hamas would either have to make do with low-level offenders or get out of the kidnapping business.
Might that not encourage terrorists to kill rather than kidnap? Well, do the math: over the past decade, terrorists have kidnapped exactly two live Israelis (plus five dead ones, for whose remains Israel also paid). During the same period, freed terrorists have killed hundreds. It may sound cold, but that’s a pretty good cost-benefit ratio.
The bottom line is that Israel needs a death penalty for terrorists now. Few things would do more to save Israeli lives.
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The farce plays itself out over and over. Israel captures terrorists, some of whom are guilty of horrific mass murders. Capturing the terrorists often requires the sacrifice of great human, financial, and intelligence resources. The terrorists' allies respond by planning various operations to obtain human "bargaining chips," dead or alive, to use in exchange for their captured allies. Israel then agrees to release anywhere from a handful to hundreds of terrorists in exchange for dead bodies or one or a handful of live captives. The released terrorists become heroes, and some go on to commit new murders.
ReplyDeleteA prime example: Samir Kuntar, guilty of the horrific, cold-blooded murder of a child (and who is shamefully a national hero in Lebanon) and two adults, was released in exchange for the bodies of two dead soldiers. The soldiers themselves were abducted in an attempt to gain Kuntar's release, an incident that provoked the 2006 Lebanon Hezbollah war, and led to the death of dozens of more Israelis.
I simply don't understand why Israel doesn't put an end to this madness and institute the death penalty for murder caused by terrorism. The special absurdity is that Israel will institute the death penalty for "genocide", but applies this concept only to perpetrators of Nazi crimes (it was, for example, imposed, then overturned, on John Demjanjuk) who deserve it but are currently harmless, but not to, say, murderous members of Hamas or Hezbollah, organizations which would be all too happy to massacre the Jewish inhabitants of Israel if given the opportunity, and are presently deadly.
(Of course, the wisdom of the prisoner swaps is itself highly questionable, but if, for example, Kuntar had been executed in the late 1970s as he should have been, the issue wouldn't arise to begin with.)
UPDATE: I think it's worth recounting the actions of Lebanon's "national hero," via Wikipedia:
After drowning Danny [the father] in the sea in front of Einat (as Ahmed Al-Brass, Mhanna Salim Al-Muayed, and Abdel Majeed Asslan served as look outs and backup cover for Kuntar), Kuntar turned his attention towards the 4 year-old. He took his rifle and then swung it across the toddler's head, knocking her to the ground. Kuntar then dragged the toddler a couple of feet to the closest rock he could find and laid her head down on a rock, with the intention of crushing it with the butt of his rifle. Einat, instinctively covered her head with her arms, Kuntar struggled with the toddler until he finally managed to clear her arms out of the way. Once her arms were out of the way, Kuntar repeatedly beat her on the head with the butt of his rifle and stomping on her body, until blood rushed out of her ears and mouth. Then, to ensure she was dead, Kuntar continued beating her over the head until her skull was crushed and she was dead.
And Wikipedia also states that the hijacking of the Achillee Lauro cruise ship, which led to the murder of American Leon Klinghoffer, was part of an attempt to win the release of Kuntar and other prisoners.
And to compound the ironies, Kuntar's original mission was to take hostages to exchange for other terrorists.
Does Israel need a death penalty? Absolutely - and NOW!
JTA's loss is this blogs gain. TY Cheryl
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