Court orders Palestinian Authority to pay millions to victims of suicide bombing attack

November 21, 2024 by Pesach Benson
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In a precedent-setting ruling, an Israeli court on Tuesday ordered the Palestinian Authority and Palestine Liberation Organization to pay tens of millions of shekels in compensation to victims of a 2001 suicide bombing and their families.

The aftermath of the suicide bombing at the Sbarro pizzeria in Jerusalem on Aug. 9, 2001    Photo by Flash90.

On August 9, 2001, a Palestinian suicide bomber blew himself up inside a busy Sbarro’s restaurant in downtown Jerusalem. The blast killed 16 people, including seven children and a pregnant woman. Another 130 people were injured. One of the fatalities, Chana Nachenberg, was comatose for 22 years before dying in 2023.

One of the victims was Melbourne-born 15-year-old Malki Roth, who also held Israeli and U.S. citizenship and whose father Arnold spoke to J-Wire.

He said: “The efforts my wife Frimet and I have made for years since our daughter Malki was murdered in the Sbarro atrocity have been focused on undoing the catastrophic results of the Israeli government decision to free the mastermind of the massacre. That was Ahlam Tamimi, a Jordanian. She returned to her homeland, Jordan, right after being freed by Israel as part of the 2011 Shalit Deal. She was welcomed there as a conquering hero and remains improbably protected in Jordan from US prosecutors to this day.

This is despite the charges against her issued in Washington in 2013. And despite the bilateral extradition treaty that gives Jordan no option but to hand her over to the FBI on request.
These are not controversial claims. Yet they get negligible support from US politicians and America’s Jewish leaders.

This week’s Jerusalem District Court decision is a welcome step towards unwinding the PA’s undoubted Pay-to-Slay capacity and its efforts to encourage more Palestinian Arab terror.
It’s certainly good that there may now be meaningful compensation to some of the Sbarro victims years after the event.

But given how civil litigation works, the court’s decision doesn’t seek to target Hamas or Ahlam Tamimi. That’s of course not a criticism of any sort; the legal outcome needs to be applauded.
But not for the first time we’re troubled that media coverage in Israel skips how the atrocity’s spearhead remains free years later. It ignores how and why Tamimi is a celebrated hero and inspiration to parts of Jordanian and Arab society for the murders she facilitated.

Most Israelis know next to nothing about Jordan’s mendacious role in keeping Tamimi, a central figure in the Sbarro massacre, free and influential. With a war raging, Israel’s news outlets give this aspect of the Sbarro story close to zero coverage. Most Israeli politicians have for years shows no interest in it becoming an issue.

Our pursuit of justice has never been easy but we are determined to keep pressing for the right outcome.”

The Jerusalem District Court’s ruling is based on a 2022 Supreme Court judgment affirming the PA’s liability for damages caused by terrorists. The court’s decision is expected to set a precedent, potentially enabling compensation claims by victims of other attacks, including those from the October 7 massacre.

“The ruling is very correct and very important. The Palestinian Authority has been a driving force for terror, certainly since the intifada period. Holding them responsible is both an act of justice as well as an act of deterrence, to deter them from inciting people to terror,” Itamar Marcus, founder and director of Palestinian Media Watch told The Press Service of Israel.

Israeli/Australian/American Malka Chana (Malki) Roth, who was killed at the age of 15 in the Sbarro restaurant suicide bombing in August 2001. Credit: Courtesy

On August 9, 2001, a Palestinian suicide bomber blew himself up inside a busy Sbarro’s restaurant in downtown Jerusalem. The blast killed 16 people, including seven children and a pregnant woman. Another 130 people were injured. One of the fatalities, Chana Nachenberg, was comatose for 22 years before dying in 2023.

Under the ruling, victims’ families may claim around 10 million shekels ($2.6 million) per fatality. Since 2018, Israel has been withholding funds earmarked for the PA, diverting them to cover debts and legal compensations. These garnished funds are now expected to finance the payouts.

The Palestinian Authority allocates seven percent of its annual budget for its so-called “Martyr’s Fund,” which provides the stipends. The size of the monthly payouts is primarily determined by the duration of the terrorist’s incarceration, with a negligible additional factor based on family size.

Marcus told TPS-IL that the Palestinian Authority has paid around $1.5 million to eight recipients associated with the Sbarro’s bombing.

Ramallah has been paying out stipends for years, but the issue came under a spotlight following the murder of Taylor Force, a U.S. citizen killed by a Palestinian who went on a stabbing rampage in Jaffa in 2018. Congress passed the Taylor Force Act, which halted U.S. aid to the Palestinians as long as terror stipends are being paid out.

Israeli officials say the stipends provide incentives for terror and regularly offset an equivalent amount from taxes that Israel collects on behalf of the PA. The new law allows families to collect judgments against the PA from the frozen funds.

U.S. assistance to the Palestinian Authority resumed under the administration of President Joe Biden. In December 2022, American victims of Palestinian terror filed a lawsuit against the President and Secretary of State Antony Blinken, arguing that the payments violate the Taylor Force Act.

An FBI “Most Wanted Terrorist” poster for Palestinian terrorist Ahlam Ahmad Tamimi, one of the masterminds of the Aug. 9, 2001 bombing of the Sbarro pizzeria in Jerusalem that led to the deaths of 15 civilians, two of them Americans. Source: FBI.

Despite claiming to be operating at a 172% budget deficit, the Palestinian Authority in July recognized 899 new prisoners from Gaza and tens of thousands more Gaza “martyrs” as eligible for the “pay for slay” payouts.

The attack also became a source of friction between Jordan and the US.

Israel convicted a Palestinian-Jordanian woman, Ahlam Tamimi, for scouting the location of the attack, helping smuggle the bomb into Jerusalem, and escorting the bomber, Izz al-Din Shuheil al-Masri, to the site. She was sentenced to 16 life terms but was released as part of the Gilad Shalit prisoner exchange of 2011. US citizens were among the fatalities and Washington has been seeking Tamimi’s extradition.

Tamimi lives freely in Jordan and Amman has refused Washington’s extradition requests.

Malki Roth’s father Arnold told J-Wire: “The efforts my wife Frimet and I have made for years since our daughter Malki was murdered in the Sbarro atrocity have been focused on undoing the catastrophic results of the Israeli government decision to free the mastermind of the massacre. That was Ahlam Tamimi, a Jordanian. She returned to her homeland, Jordan, right after being freed by Israel as part of the 2011 Shalit Deal. She was welcomed there as a conquering hero and remains improbably protected in Jordan from US prosecutors to this day.

This is despite the charges against her issued in Washington in 2013. And despite the bilateral extradition treaty that gives Jordan no option but to hand her over to the FBI on request.
These are not controversial claims. Yet they get negligible support from US politicians and America’s Jewish leaders.

This week’s Jerusalem District Court decision is a welcome step towards unwinding the PA’s undoubted Pay-to-Slay capacity and its efforts to encourage more Palestinian Arab terror.
It’s certainly good that there may now be meaningful compensation to some of the Sbarro victims years after the event.

But given how civil litigation works, the court’s decision doesn’t seek to target Hamas or Ahlam Tamimi. That’s of course not a criticism of any sort; the legal outcome needs to be applauded.
But not for the first time we’re troubled that media coverage in Israel skips how the atrocity’s spearhead remains free years later. It ignores how and why Tamimi is a celebrated hero and inspiration to parts of Jordanian and Arab society for the murders she facilitated.

Most Israelis know next to nothing about Jordan’s mendacious role in keeping Tamimi, a central figure in the Sbarro massacre, free and influential. With a war raging, Israel’s news outlets give this aspect of the Sbarro story close to zero coverage. Most Israeli politicians have for years shows no interest in it becoming an issue.

Our pursuit of justice has never been easy but we are determined to keep pressing for the right outcome.”

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