Israel Fails to Halt Funds to Terrorists in Prisons, Study Finds

Despite Israeli legislation aimed at stopping payments to terrorists imprisoned in Israel, the Palestinian Authority continues to transfer over 20 million shekels monthly to these individuals. This is occurring contrary to assurances given by Palestinian Authority Chairman Abu Mazen to the United States. A new study by the Jerusalem Center for Foreign Affairs and Security (JCFA) reveals that Israel is not effectively enforcing its laws, and while orders were issued to seize 50 million shekels, only about 15% has actually been confiscated.

The study, conducted by former military prosecutor in Judea and Samaria, Lt. Col. (res.) Adv. Morris Hirsch, outlines several measures Israel can implement. Since 2019, Israeli defense ministers have issued dozens of orders to seize funds transferred by the Palestinian Authority and the PLO to terrorists. The cumulative value of these orders reaches 50 million shekels, but Hirsch estimates that only 15% has been seized.

The Palestinian Authority and PLO persist with their "Pay for Slay" policy, with payments to prisoners increasing based on their sentence length, ranging from 1,400 shekels for sentences up to three years to 12,000 shekels for those serving over 30 years. Initially, funds were distributed via post offices after Palestinian banks were warned of legal repercussions in 2020, leading to the closure of approximately 35,000 accounts. However, the PA found alternative methods, including dedicated ATMs not connected to the regular banking system.

Hirsch suggests that this new ATM mechanism allows for more targeted action against the funds without harming the broader Palestinian banking system. He proposes mapping these ATMs and seizing funds after deposit. Additionally, he recommends expanding asset seizures of terrorists, including bank accounts, vehicles, and real estate.

The research also calls for criminal proceedings against PA and PLO officials responsible for managing these payments, including those who approve the budgets. Hirsch specifically names PA Chairman Mahmoud Abbas, Prime Minister Mohammad Mustafa, and Finance Minister Estefan Salameh. Further proposals include enacting legislation to impose fines on convicted terrorists equivalent to the payments they would receive, and expanding the application of a 2023 law allowing for the revocation of citizenship or residency for terrorists receiving such payments, noting only two cases have been initiated so far.

Internationally, Hirsch suggests pursuing U.S. sanctions against entities and individuals involved in these payments, utilizing existing U.S. anti-terror financing legislation. He concludes that the legal tools to combat this payment mechanism largely exist, but the primary issue is the gap between legal possibilities and actual enforcement.