Hachrazah 5773 Elul 14
Informal translation from Hebrew of the 4th Adar, 5770 (20 August 2013) declaration:
B"H 14 Elul, 5773
Release of Terrorists by Israeli Government
On Tuesday, 14 Elul 5773, the leadership of the Nascent Sanhedrin discussed declaring terrorist murderers, released by political blackmail, to be outlaws.
The concept of outlaw has been abandoned in the West, in favor of more and more law enforcement, and in favor of the totally immoral idea that a murderer has immutable human rights. It is our position, that any rights a person has, can be forfeited by his actions. Committing crimes against people forfeits rights, proportionally. Theft forfeits the right to freedom, and a thief is imprisoned. A person who murders another person has taken away the right of the victim to live freely - in effect has taken away ALL the rights of the victims, including their right to live, hence the murderer forfeits the ALL his rights, including the right to live. A convicted murderer has had his day in court, and has no right to another trial if he escapes or is released out of political blackmail.
In the case of terrorist murderers who are released by blackmail, or political blackmail, in particular, two additional reasons were given:
1. The sentences of these murderers is by law - the death sentence. Clearly these terrorist mass murderers fully deserve the death sentence.As a rule this sentence is not applied, as in the case of these murderers; however, the light sentence in these cases was also not applied, and the murderers were released through political blackmail. Morally, political blackmail is the equivalent of breaking out of jail. A jailbreaker is liable to forfeit his life in the attempt. Here also, therefor, his life is forfeited.
2. Admittedly, we do not like to apply a death sentence - not because the murderer does not deserve it, but because we are by nature merciful and compassionate. BUT the release of this type murderer is life-threatening. From past experience we know that such terrorists return to terrorism, and either make further attempts, or incite others to do so, and aid those who follow their leadership. Each of these convicted murderer is an active threat to innocent people, a ticking bomb. Hence it is justified to kill him - in public self-defense..
It was added, that according to the concept of minimal human morality, known as the Natural Laws, which were often identified with the Noahide Laws [for instance, in 17th century philosophers of Law, such a John Selden in England], murderers are liable to the death penalty.
Reasons against such a declaration were: 1. It will not be accepted by the public, and cetainly will not be publicly acted upon, although it was pointed out, that in many cases, released terrorist murderers were "taken out" by the Israeli secret service; 2. It was suggested to add to the declaration of these terrorist murderers as outlaws, the phrase "and he who kills them has done a worthy act"
It was further suggested that such declaration be dependent upon confirmation that such a declaration fits Jewish Law, Noahide Law and international law.
Hence it was decided to refrain from decision at this point in time and to revert to this subject after more deliberation..
Rabbi Dov Stein – Court Secretary