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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."