West Bank Arsonists Sentenced to Nearly Six Years After Plea Deal

A military court sentenced three Palestinians to 70 months in prison for throwing firebombs at a West Bank outpost trailer in 2021, rejecting the prosecution's 14-year demand over a missing nationalist motive.

Israel HayomAuthor: Yotam Desha
Source
West Bank Arsonists Sentenced to Nearly Six Years After Plea Deal
Photo: Israel Hayom / שריפה במאחז עוז ציון | צילום: עוז ציון

Three Palestinians convicted of throwing firebombs at a trailer in the West Bank outpost of Oz Zion in April 2021 have been sentenced to 70 months in prison. The military prosecution had originally demanded a 14-year sentence, but the court ruled that the indictment failed to establish a distinct nationalist motive.

The defendants, Majd Halmi Moussa Barakat, Mahmoud Sultan Khalil Al-Nawawba, and Jihad Ahmed Afoun Baraka, were convicted under a partial plea bargain of intentionally causing bodily harm under aggravating circumstances. According to the amended indictments, the three discussed grievances with settlers whom they claimed had appropriated their families' lands before carrying out the nighttime attack.

The Attack and Rescue

The perpetrators selected a trailer with an open window after observing kitchen utensils and lights inside. One of the firebombs thrown through the window ignited the structure while four people were sleeping inside. One of the occupants, Moshe L., recalled entering the bathroom during the ensuing panic before a companion pulled him through the flames.

"When I woke up, I noticed everything around me was burning, and I assisted in rescuing my friend." — Amichai B., occupant

Prosecution and Sentencing Debate

The military prosecution argued for a severe deterrent sentence of 14 years, asserting that terrorist acts committed on nationalist grounds overshadow personal mitigating circumstances. However, the military court noted that the prosecution's own indictment cited trespassing and revenge rather than explicitly attributing a religious or national affiliation motive to the attackers.

Despite the exclusion of a clear nationalist motive, the court emphasized the severe danger posed to human life and the volatile security situation. The three defendants received five years and ten months in prison, alongside an order to pay 5,000 shekels in compensation to the victims. Four accomplices who acted as lookouts were sentenced in 2023 to 24 months in prison. The military prosecution is currently reviewing the verdict to consider an appeal.

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