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Huwara and the Rule of Law

The "Fighting for Life" website – "which provides security, intelligence, logistical, and informational support to the residents of Judea and Samaria, aiming to prevent future massacres and draw lessons from the tragedy in the south to enhance security for residents in farms, hills, towns, and cities" – marked the event "Two years since the murder of brothers Hallel and Yagel Yaniv" (who were victims of a terror attack in the village of Huwara, on Highway 60, on February 26, 2023).

 

The horrific attack warrants harsh condemnation, but such condemnation must not translate into "counterterrorism," implemented by unauthorized civilians.

 

The so-called "simple and correct demand" by the Hilltop Youth to "wipe out Huwara" is nothing short of criminal.

 


Hilltop Youth News, Purin, 3.3.2032 – In accordance with Section 27A of the Copyright Law
Hilltop Youth News, Purin, 3.3.2032 In accordance with Section 27A of the Copyright Law

Particularly alarming is the assertion that "this may sound unrealistic, but in Gaza, we have seen that when we want – we can." I have repeatedly warned about the "Gazaization of the West Bank."

 

A few days later, the following message was published on the "Fighting for Life" website: "18 months have passed since the terrible massacre. We will never forget the evil, the cruelty, and the martyred saints. We will always remember the vow we made to ourselves during those dark days: 'You shall wipe out the memory of Amalek from under heaven; you must not forget.' Our resurrection is incomplete without justice!"


KM Tzvika Fogel (Otzma Yehudit), chairman of the National Security Committee, was investigated by the police for his remarks immediately following the attack. The probe was initiated with the approval of the government's legal advisor. Fogel openly praised the retaliatory attack – adequately described as a "pogrom" – by the Hilltop Youth in Huwara.

 

In an interview with Galei Israel radio, Fogel stated: "We are ending our hesitation regarding collective punishment because it does not align with the expectations of various courts. I am taking off the gloves. A terrorist came from Huwara – Huwara should be shut down and burned. That is what I want to see. That is the only way to achieve deterrence. If we continue with restraint, we will not succeed in deterrence. If we stop settlement, we will not achieve sovereignty."

 

In another interview, with Galei Tzahal Radio, Fogel added: "The deterrence achieved following those [pogroms] has not been achieved by the State of Israel since Operation Defensive Shield in Judea and Samaria. I view it very positively because, in Huwara, they have now understood that there is a balance of terror – one that the IDF is currently failing to establish. I want the IDF to establish it. I want to see every place from which terrorists emerge 'metaphorically burning.'"

 

As a result, Fogel was investigated for inciting terrorism. He underwent lengthy questioning, but the case was closed after 14 months, without any explanation for its dismissal.

 

Fogel's remarks, along with statements from other public figures, facilitated the dangerous escalation. The Deputy Head of the Samaria Regional Council, Davidi Ben Zion, similarly posted on Facebook: "The miracle that occurred two days ago did not happen today. At the very same location where a girl was injured by a stone-throwing attack, two innocent Samaria residents were murdered just an hour ago." He went on to declare: "Huwara must be erased. This place is a nest of terror, and the punishment must be collective. Enough with the empty rhetoric about 'developing' and 'strengthening' the settlement."

 

The call to "erase Huwara and all terrorist villages" is not merely a demand for retaliation – it flirts with the rhetoric of ethnic Domicide, if not outright Genocide. Such statements require a firm and unequivocal response from the authorities responsible for upholding the rule of law. Clearer red boundaries must be set to curb the growing tide of incitement for violence, racism, and terrorism. I strongly believe that leaders – especially religious leaders – must be held accountable for repeated incitement of incitement.

 

When such boundaries are not set, statements escalate – along with the intensity of incitement. In early March 2025, the following message was published in the chat of the "Fighting for Life" group: "For many years – bound by legal constraints, false morality, and tied hands – the IDF has risked soldiers in combat within enemy strongholds, refraining from decisively eliminating terror hubs. But the war in Gaza has shown that another approach is possible. Just as in Gaza, so too in Judea and Samaria, and wherever necessary: the time has come to let the 'heavy equipment' speak, to flatten the neighborhoods where terrorists operate and the villages from which stones are thrown – until the enemy surrenders."


"Fighting for Life," In accordance with Section 27A of the Copyright Law

 

In Israel, senior religious figures and institutions rarely demonstrate unequivocal support for the rule of law – at least not when it conflicts with the Halakha [the collective body of Jewish religious laws]. Some extremist rabbis do not merely oppose legal frameworks; they actively call for their abolition, even through violent means.

 

For instance, Rabbi Shmuel Eliyahu, the Chief Rabbi of Safed, addressed the pogrom in Huwara, stating: "Even if you burn twenty cars and twenty houses, you have not even begun [to exact the required revenge]... You must 'break the arm of the wicked' [Psalm 10:15] and 'blunt their teeth' [Passovers' Haggadah]... You are incapable of purging this filth." He then added: "Only God has the ability to avenge the blood of the murdered." Yet in his book about Hilchot Regarding War and Peace, he wrote: "A warrior must always remember that the name of God is revealed in his weapon. He must understand that his shot is a continuation of God's war against Amalek and all forces of evil in the world." He further clarifies: "It is imperative that before every war, we fully grasp the immense danger posed by the continued existence of this satanic people. We must understand that allowing them to survive will bring cries of sorrow for generations to come."


In this context, it is worth recalling the words of Rabbi Moshe Blau, a leader of the Haredi community in Jerusalem and a prominent figure in Agudat Israel (a major Haredi political party). Speaking about violence in the Jewish settlement, he warned: "To Jewish leaders: Although your hands have not shed blood, it is undeniable that you oppose acts of violence – let alone murder. However, you have not been careful about your words. When you know that there are young men prone to excessive extremism, and that any reckless statement you make may be interpreted as a call to mass behavior and encouragement of violence, you must choose your words wisely. Do not pour fuel on the fire of youthful zeal."

 

This historical caution remains as relevant today as ever. Leaders must recognize the power of their words, for when left unchecked, they can lead to destruction, violence, and anarchy. The rule of law must be upheld, defended, and reinforced – lest we allow fanaticism to dictate the future of our society.


In accordance with Section 27A of the Copyright Law

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