Palestinian Authority still pays terrorists millions despite Abbas pledge, study finds

The Palestinian Authority continues to pay more than 20 million shekels a month to terrorists imprisoned in Israel, despite Israeli legislation intended to stop the payments and contrary to a commitment Palestinian Authority President Mahmoud Abbas made to the United States to end the practice. The findings come from a new study conducted by the Jerusalem Center for Security and Foreign Affairs (JCFA), which argues that Israel has failed to enforce the law.

Although authorities have issued orders to confiscate 50 million shekels in payments, only about 15% of that amount has actually been seized, according to the research. The study was conducted by Lt. Col. (res.) Maurice Hirsch, an attorney and former military prosecutor in the West Bank. Hirsch, now a senior researcher at JCFA, outlined a series of measures Israel could take immediately, ranging from confiscating funds to pursuing targeted legal action against senior Palestinian Authority officials responsible for operating the payment system.

Since 2019, Israeli defense ministers have issued dozens of confiscation orders targeting funds transferred by the Palestinian Authority and the Palestine Liberation Organization (PLO) to Israeli terrorists. The cumulative value of those orders has reached 50 million shekels, but Hirsch estimates that no more than 15% has been recovered. How payments bypass the banking system According to the study, the Palestinian Authority and PLO continue transferring more than 20 million shekels each month under a policy critics call "Pay for Slay."

The amounts paid to terrorists imprisoned in Israel increase according to the length of their sentences, starting at 1,400 shekels a month during the first three years, rising to 4,000 shekels after five years of imprisonment and reaching 12,000 shekels a month for those who have served more than 30 years. In 2020, following the application of provisions of Israel's counterterrorism legislation in the West Bank, Palestinian banks were warned that facilitating the payments could expose them to criminal and civil liability.

According to reports, approximately 35,000 accounts belonging to terrorists and their families were subsequently closed. The Palestinian Authority, however, found alternative ways to distribute the money. Payments were initially made in cash through post office branches and later through dedicated ATMs disconnected from the conventional banking system. Hirsch argues that the new mechanism actually creates an opportunity for Israel to target the funds without disrupting the Palestinian banking system as a whole.

He recommends that Israeli security forces identify the locations of the dedicated ATMs and confiscate the money after it has been deposited. He also proposes expanding the seizure of assets belonging to terrorists who receive payments, including bank accounts, vehicles and real estate, using powers already available under Israeli law. Senior Palestinian Authority officials could also face legal action The study proposes criminal proceedings against Palestinian Authority and PLO officials responsible for operating the payment system, including senior figures who authorize its budgets and transfers.

Among those identified by Hirsch are Palestinian Authority President Mahmoud Abbas, also known as Abu Mazen Prime Minister Mohammad Mustafa and Finance Minister Estephan Salameh. Another proposal calls for legislation that would allow courts to impose fines on convicted terrorists equivalent to the payments they are expected to receive from the Palestinian Authority during their imprisonment. For example, under the Palestinian Authority's payment scale, a terrorist sentenced to four years in prison would face a fine of 74,400 shekels.

Hirsch also calls for broader implementation of legislation passed by the Knesset in 2023 with the support of 94 lawmakers. The law allows, under certain conditions, the revocation of citizenship or residency status from terrorists who receive payments from the Palestinian Authority. According to Hirsch, only two proceedings have been initiated under the legislation so far. At the international level, he proposes advancing U.S. sanctions against organizations and officials involved in the payments, as well as against terrorists who receive them, using existing American laws designed to combat terrorist financing.

Hirsch argues that many of the legal tools needed to tackle the payment system already exist. The central problem, he concludes, is the persistent gap between the powers available under the law and the extent to which they are enforced in practice.