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December 02, 1994 - Image 182

Resource type:
Text
Publication:
The Detroit Jewish News, 1994-12-02

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Debate rages after a Hamas terrorist unexpectedly receives the death sentence.

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ccording to those present had handed down the death
in the Jenin military penalty to a terrorist since 1983.
courtroom Nov. 24, the ter- (All seven death sentences or-
rorist was smiling as his dered in the past by military
death sentence was read out. A courts had been commuted to life
"new punishment" was neces- imprisonment. The only defen-
sary, the panel ofjudges declared, dant ever executed in Israel was
since the traditional sentence of Adolf Eichmann, hanged in
life imprisonment for lethal ter- 1962.) The decision of the Jenin
ror clearly hadn't deterred court was a sign of the despera-
llamas and Islamic Jihad lately. tion Israeli society is feeling in
The court found it had a "moral these unusually violent days.
responsibility" to impose the
Yet there was no doubt that
death penalty on Sa'id Badarna. Mr. Badarna would be spared the
"The death penalty doesn't gallows. Even though the defen-
scare me. My comrades and I will dant said he was happy with his
go on carrying out these kinds of sentence and "looked forward to
attacks," Mr. Badarna told the going to heaven," his case will au-
court. The 24-year-old llamas cell tomatically be appealed to a
leader from a West Bank village higher military court. The mili-
had masterminded last April's tary commander of the West
bombing of a Hadera bus, in Bank has to approve any death
which five Israelis were killed. sentence, and the army is against
He'd taken a hand in the Afula capital punishment. Military of-
bus bombing a few days earlier, • ficials argue that the death penal-
in which seven Israelis died. He'd ty not only would fail to deter
also been planning to bomb a bus terrorists but would cause addi-
in Tiberias.
tional attacks kindled by the de-
"I recommend that all the Jews sire for revenge and Islamic
convert to Islam or emigrate," Mr. martyrdom. As army chief of staff'
Badarna continued. "I have no in 1965, Yitzhak Rabin had or-
regrets for what I did."
dered the commutation of a ter-
There was little debate over rorist's death sentence.
whether Mr. Badarna deserved
The debate, rather, was over
to die. Public opinion surveys whether Israel's traditional pol-
show 60 to 70 percent of Israelis icy was the correct one in the face
favor the death penalty for ter- of Islamic terrorism. If the death
rorists, said pollster Hanoch penalty was undesirable because
Smith.
it would bring on revenge attacks,
The main reaction in Israel to wouldn't any strike against
Mr. Badarna's sentence was sur- Hamas or Islamic Jihad do the
prise. The army prosecution team same?
had only asked for life imprison-
Many politicians on the right
ment. No Israeli military court took the opportunity of the

Badarna case to repeat that the
death penalty for terrorists was
overdue. "We should have done
this seven years ago [at the start
of the intifada]; it would have
saved a lot of Jewish blood," said
Knesset Member Rehavam
Ze'evi, head of the ultra right-
wing Moledet (Homeland) Party.
"It's true that not all terrorists
would be deterred by the death
penalty, but some definitely
would."
Hebrew University Professor
Barry Rubin, an authority on
Palestinian politics and terror,
said the government's and the
army's argument that the death
penalty would cause more terror
was "silly."
"How many Hamas and Is-
lamic Jihad supporters actually
commit suicide attacks? A very
small percentage. There may be
tens of thousands of people going
out there to shout slogans, but
only a very few of them are re-
ally willing to die. In fact, most of
these people are deterred [by the
risk of being killed]," Mr. Rubin
said.
Despite this, Mr. Rubin con-
tinued, there are real problems
with instituting the death penal-
ty for terrorists: "How many do
you execute? One, two, 20, how
many? Where do you stop?"
Hanging terrorists would
prove unworkable in Israel, wrote
Ma'ariv columnist Tommy Lapid:
"What will we do if they kidnap
one of our soldiers and announce
that one minute after Badarna is
executed, they'll execute him."

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