http://www.jpost.com/Experts/Hidden-agenda-Palestinian-plans-to-free-Barghouti-347388?prmusr=JeGWAfSusoKd0FDJQi0mWFFI3vvIklNyejLwz3JeUDFDUAS6mfdNaIZdzQ6R4XBa
This Palestinian terrorist leader, is unrepentant, still a sworn enemy of the United States, irremediable, and utterly refractory.
In 2004, an Israeli court sentenced Fatah terrorist Marwan Barghouti to five life sentences, plus forty years in jail. This sentence was imposed after the court had found him guilty of orchestrating multiple suicide attacks against Israeli civilians during the then-raging intifada. Although Palestinians still generally regard him as a Nelson Mandela type of “freedom-fighter,” Barghouti is anything but heroic. Rather, as a leader of the insidiously murderous Tanzim, he was, at the time of his capture by Israeli Special Forces on April 15, 2002, one of the world’s most wanted criminals.
Now, as the next negotiated deadline for additional Israeli terrorist releases comes due, Palestinian Authority President Mahmoud Abbas has reportedly asked the Obama Administration to mediate with Jerusalem. The objective of any such inquiry is to include Barghouti among those other prisoners soon to be freed. Last year, under great pressure from Mr. Obama, Prime Minister Binyamin Netanyahu agreed to free 104 Palestinian prisoners as a gesture of “good will,” but he had also explicitly excluded Barghouti from this already-unwarranted deal.
Significantly, should Netanyahu decide to soften his position on Barghouti’s release going forward, it would represent not only another conspicuous act of national defilement, but also a palpable infringement of international law. At a minimum, any Barghouti release would elicit further terror attacks upon Israelis, carefully choreographed assaults that would be in prima facie violation of the law of armed conflict.
“No crime without a punishment.” Codified in multiple sources after the Nuremberg Trials, this universal legal principle is so rudimentary, as part of “peremptory” or “jus cogens” law, that it must never be disregarded. Apart from any such formal legal considerations, however, even simple human decency and common principles of morality dictate that a state must never agree to trade away justice and security in exchange for any presumed diplomatic advantage.
Why, exactly, does Barghouti remain so popular among his fellow Palestinians? The answer is revealing. It lies in incontestably widespread respect for his “operational specialty.” This area of “professional” concentration remains the willful maiming and murder of Jewish children.
So much for the Mandela analogy.
When the victorious allied powers first established a special military tribunal at Nuremberg, on August 8, 1945, they reaffirmed an ancient principle of law, Nullum crimen, sine poena. It was that criminals, especially those who had committed crimes of war, crimes against peace, or crimes against humanity, must always be punished.
In 1946, this reaffirmation was further incorporated as Principle I of the authoritative Nuremberg Principles: “Any person who commits an act which constitutes a crime under international law is responsible therefore, and liable to punishment.” These principles, additionally formulated by the United Nations International Law Commission in 1950, stipulate: “Offenses against the peace and security of mankind…are crimes under international law, for which all responsible individuals shall be punished.”