IDF unlikely to seek death penalty for Halamish terrorist

Despite apparent support from the prime minister, army says policy is to follow precedents against execution

Friends and relatives mourn at the graves of Yosef Salomon, 70, his daughter Haya, 46, and son Elad, 36, after their funeral, attended by thousands at the Modiin Cemetery, on July 23, 2017.  (Yonatan Sindel/Flash90)
Friends and relatives mourn at the graves of Yosef Salomon, 70, his daughter Haya, 46, and son Elad, 36, after their funeral, attended by thousands at the Modiin Cemetery, on July 23, 2017. (Yonatan Sindel/Flash90)

The IDF is unlikely to seek the death penalty for a terrorist who brutally killed three Israelis in a stabbing attack in a West Bank settlement last month, despite apparent support for the punishment by Prime Minister Benjamin Netanyahu.

On July 21, Omar al-Abed burst in to the Salomon family’s house in the Halamish settlement armed with a large knife and stabbed to death Yosef Salomon, 70, his daughter Chaya Salomon, 46, and son Elad Salomon, 36. Yosef’s wife Tova, 68, was seriously hurt. The vicious attack occurred as the family was celebrating the birth of a grandson.

In the midst of the attack, al-Abed was shot and injured by an off-duty IDF soldier who lived next door to the Salomons. He was then arrested.

Though there was ample political support, notably from Netanyahu, for seeking the death penalty against al-Abed, the Military Advocate General’s office, which will try the case in an IDF court, said that the punishment is not Israeli policy, despite it being permissible under law.

Military Advocate General Brig. Gen. Sharon Afek speaks at a conference on the law of armed conflict outside Tel Aviv, on April 25, 2017. (Roy Alima/Flash90)
Military Advocate General Brig. Gen. Sharon Afek speaks at a conference on the law of armed conflict outside Tel Aviv, on April 25, 2017. (Roy Alima/Flash90)

“This policy has been examined over the years, mostly by the attorney general of Israel, and remains unchanged,” said Maj. Eli Labartov of the MAG’s office, according to a report in the Yedioth Ahronoth newspaper on Friday.

A military official told The Times of Israel that this response by the MAG dealt with the army’s general position and not specifically al-Abed’s case.

Speaking to the bereaved family a few days after the terror attack, Netanyahu said he supported the death penalty for al-Abed.

Prime Minister Benjamin Netanyahu and his wife Sara console relatives of the three members of the Salomon family who were killed in a terror attack in Halamish on July 22, 2017. (Amos Ben Gershom/GPO)
Prime Minister Benjamin Netanyahu and his wife Sara console relatives of the three members of the Salomon family who were killed in a terror attack in Halamish on July 22, 2017. (Amos Ben Gershom/GPO)

“The death penalty for terrorists –- it’s time to implement it in severe cases,” Netanyahu said in a conversation with family members of the victims, a video of which was posted on the prime minister’s Twitter account.

“It’s anchored in the law. You need the judges to rule unanimously on it, but if you want to know the government’s position and my position as prime minister –- in a case like this, of a base murderer like this -– he should be executed. He should simply not smile anymore.”

Netanyahu was not alone in this support. He was joined by Defense Minister Avigdor Liberman, who ran his campaign in the 2015 election partially on a “death penalty for terrorists” platform.

In Israel, the death penalty is applicable only in limited circumstances, and has only been carried out once in a civilian court, against Nazi war criminal Adolf Eichmann, one of the architects of the Final Solution, in 1962.

(In 1948, an IDF court-martial ordered the execution of officer Meir Tobianski on a treason conviction, though he was posthumously cleared of the charges.)

(L-R) Yosef, Elad and Chaya Salomon who were stabbed to death by a Palestinian terrorist in the Halamish settlement on July 21, 2017. (Courtesy)
(L-R) Yosef, Elad and Chaya Salomon who were stabbed to death by a Palestinian terrorist in the Halamish settlement on July 21, 2017. (Courtesy)

On Wednesday, a poll was released showing that 70 percent of Jewish Israelis said they support the death penalty for terrorists.

The question was asked by the Israel Democracy Institute and Tel Aviv University for its Peace Index poll, conducted by the Midgam Institute. (A spokesperson for IDI said Arabs were not polled due to sensitivities surrounding the question.)

Asked if they “support or oppose the execution of Palestinians found guilty of murdering Israeli civilians for nationalist reasons,” 25.8% of respondents said they “moderately” back the move and 44% expressed “strong” support. Only 24% expressed opposition.

19-year-old Omar al-Abed, the perpetrator of a terror attack in the settlement of Halamish on July 21, 2017 (Facebook photo)
19-year-old Omar al-Abed, the perpetrator of a terror attack in the settlement of Halamish on July 21, 2017 (Facebook photo)

When asked if they would back the move in the event of an attack on an Israeli soldier as opposed to a civilian, respondents gave similar answers, with 66% expressing support compared to 28% against.

The survey was conducted on July 25-27 by the Midgam Research Institute and sampled 500 Jewish and 100 Arab-Israeli respondents representing the adult population of Israel. It has a margin of error of 4.1%, the IDI said.

The Knesset has several times rejected legislation that would apply the death penalty to Palestinian terrorists, including in Netanyahu governments.

Most Popular
read more: