A lesson in the politics of extradition

Image Source: The blog I co-write with my husband

This month, Israel proved yet again that re-arresting prisoners released in swap deals isn't such a big deal. The proviso, of course, is that the ex-prisoner violated a condition of release. But that's a lenient requirement. After all, we're dealing with a gang disinclined to repent their murders of Jews.

But this week's re-arrest was different from others. It was for a relatively mild infraction, unrelated to terrorist activity. And committed by a man in his seventies.

Notwithstanding, our government's reaction was swift and severe.

With no retrial, and relying only on a finding by a parole board, Yusuf Abu al-Hir was promptly re-imprisoned for the remainder of his original sentence, namely 15 life terms.

Originally from Acre, Abu al Hir was jailed in 1969 for a series of security offenses. He was found guilty of planting explosives in various places and facilities, causing the death of two people and wounding many others. A military court sentenced him to 15 life sentences plus 20 years in prison and another 10 years, set to be served concurrently.

In 1983, Abu al-Hir was released as part of the first Jibril Agreement under which Israel freed 4,765 security prisoners in exchange for six IDF Nahal soldiers captured during the First Lebanon War.

On May 25, 2017, Abu Al Hir re-entered Israel from Greece where he has lived since his deportation. The conditions of his release categorically prohibited him from doing so. 

But Israel's move begs the question: why is it thoroughly indifferent toward another, younger, far more dangerous terrorist? A woman who has repeatedly violated the conditions of her release? Namely, Ahlam Tamimi.

Tamimi has been brazenly and relentlessly inciting Muslims to the murder of more Jews ever since her release in 2011 as part of the Shalit Deal. She is a convicted, self-confessed mass murderer responsible for 16 deaths in the bombing of Jerusalem's Sbarro pizzeria of August 2001.

So why has Israel washed its hands of her? Why did our prime minister appease her in 2012 by allowing her fiance - also a Shalit Deal releasee - to join her in Jordan in order to marry her? Why did he deem that violation of release conditions irrelevant?

We are also left wondering about another decision Israel recently took. Based on our meeting with FBI and US Department of Justice officials, it is apparent that their request for assistance in winning Tamimi's extradition from Jordan was flatly denied by Israel. It is fairly safe to presume this response was approved - if not instigated - by our prime minister.

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Israel's assistance is crucial to bringing Tamimi, an active, blood thirsty terrorist, to justice. U.S. efforts to have her extradited - as provided for by an extradition treaty between the U.S and Jordan -have struck a brick wall. Jordan's King Abdullah has trotted out every excuse he could dredge up - from the judicial to the parliamentary to the "constitutional" - to argue that extradition of Tamimi is impossible. Bear in mind the absurdity of all that: he heads a dictatorial monarchy!

Nevertheless, we were told by U.S. representatives that Israel's official statement was: "Our hands are tied behind our backs." Or in plain English: "Go jump in the lake."

There are probably several theories as to why our prime minister would approve that. His hypocrisy vis a vis terrorism is no secret. In speeches, he waxes bombastic about the topic. But when it comes to action: political profit is what guides him and when being soft with terrorists has empowered him, soft he has been.

So, to concede that the Shalit Deal releasees have resumed terrorism is political poison for the man who set them loose on us all to begin with. This explains our government's refusal to publicize updated statistics regarding those 1,027 prisoners.

We, and the public, know that since 2011, Israel has rearrested dozens of Palestinians freed in the Shalit Deal for terrorist activities. Also, that between 2014 and 2015, six Israelis were killed by Palestinian prisoners released in that deal.

Political calculations also explain why Israel has chosen to steer clear of Tamimi's extradition. Our prime minister cannot afford to have headlines reiterating the brutal massacre that Tamimi perpetrated on 15 men, women and children. Media rehashing of Tamimi's gloating over the large number of children - eight - she butchered could be disastrous for him. And, as we all know, nothing would be more disastrous than that.

Last year, on our behalf, our lawyer inquired of the Prime Minister's Office as to what guidelines the Israeli courts have for sentencing Shalit Deal prisoners who are re-arrested. A lawyer in the PMO responded to him saying the answers were subject to security censorship, were controlled by the government's security service, and that we were not entitled to an answer.

We are now preparing for another round of legal challenges against the Ministry of Justice, possibly through the Freedom of Information mechanism. We will keep you updated.