FACT

There is not a single word in the text of the road map referring to the release of Palestinian prisoners. Hamas and Islamic Jihad made the demand for Israel to release prisoners in their hudna agreement with the Palestinian Authority (PA) . Israel was not a party to this agreement. The first sentence in the road map outline of Phase I does say: “In Phase I, the Palestinians immediately undertake an unconditional cessation of violence” (emphasis added).

Despite the fact that Israel is under no legal obligation to release Palestinian prisoners, the government has released a number of prisoners, and agreed to release several hundred more, many of whom are closely connected to terror organizations or have committed terror attacks against Israel. Prime Minister Ariel Sharon has agreed to release Palestinian prisoners as a confidence-building measure, and as a means of strengthening the position of Mahmoud Abbas in the eyes of the Palestinians. The Palestinians may not be satisfied with the number of prisoners allowed to go free, or the specific individuals released, but these are decisions the Israeli government must make according to its own security, as well as political requirements, and there is no reason to expect prisoners who have been found guilty of crimes to automatically be eligible for freedom simply because the Palestinians demand it. It is especially understandable if Israel refuses to release prisoners with "blood on their hands" from having killed or injured Israelis.

Even a limited prisoner release represents a risk that Israel is taking in the interest of peace. In the past, released prisoners have returned to terrorism and committed new crimes against Israelis. It will be a major test of the PA's commitment to peace, and its authority, to insure that people freed by Israel do not resort to more violence.

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Dr. Bard is available for speaking engagements on this and other topics.