To Stop the Terror in Jerusalem, Enforce the Taylor Force Act

The law makes American support for the Palestinian Authority contingent on the PA’s cessation of its ‘pay-for-slay’ doctrine.

Israeli forces secure the area of a stabbing attack in the town of Elad, Israel, May 5, 2022. AP/Maya Alleruzzo

Among the many obstacles to peace between Israel and the Palestinians is a culture among some in Palestinian society and their leadership that venerates terrorists who perpetrate violence against Jews. Over the past few weeks we have seen those attacks rise once again on streets throughout Israel, as Israel has lost nearly 20 individuals to terrorists. 

One of the expressions of this culture is the apparatus the PA has built to administer cash rewards to Palestinians with Jewish blood on their hands. The PA spends hundreds of millions of dollars annually on official payments to “heroes”  — incarcerated terrorists — and the surviving family members of those killed in the commission of terrorist acts. PA leaders from Mahmoud Abbas on down insist that these payments will not cease. 

Unfortunately, the Biden administration has taken an indulgent posture toward a PA resolute about continuing its “pay-for-slay” terrorism rewards. Comments from the PA suggesting that they can discuss how these payments can be changed are a deception. I should know; I took part in those discussions when I worked at the White House. These discussions were intended by the PA never to lead anywhere.

Then, in 2018, came the Taylor Force Act, the law that makes American support for the PA contingent on the PA’s cessation of its “pay-for-slay” doctrine. Even that law has not caused the PA to change its policy. One reason is that other countries or groups of countries, including the European Union, choose to ignore the PA’s policy of rewarding the murder of Jews.

These countries even backfill some of the lost money that does not find its way to the PA as a result of the Taylor Force Act. Couple that with the efforts of some in the Biden administration who, instead of strictly enforcing the Taylor Force Act, seek to circumvent the law by channeling development funds through NGOs. 

This is the background to the debate over a Biden administration proposal to reopen the American consulate at Jerusalem that the Trump administration closed after President Trump moved the American embassy to Jerusalem, the capital of Israel. There is no need for the consulate; our embassy’s Palestinian Affairs Unit fulfills all consular functions.

Nor is there a need for such a facility to be sited anywhere in Jerusalem. The U.S. consulate was always unnecessary and a waste of taxpayer money before, but now that there is a U.S. embassy in Jerusalem, including the Palestinian Affairs Unit, the opening of a U.S. consulate to placate the Palestinians would yield no benefits to the United States.

So why is the Biden administration so determined to press ahead with this proposal? Secretary of State Blinken says that the purpose is to “deepen ties with the Palestinians.” In other words, the Biden administration wants to provide a “deliverable” to the PA, giving the PA something it wants.

The time has come to finally learn that these so-called deepening of ties and providing of deliverables lead to nothing. They are merely symbolic. They do not improve the lives of Palestinians, they do not move the prospects of peace forward, they do not help our critical ally Israel.

On the contrary, these measures entrench the conflict and drive the prospects for peace in the opposite direction. Looking the other way from the “pay to slay” program falls into the same trap of the past and allows the PA and Hamas, a puppet of Iran, to leave Palestinians in limbo, without a positive future. 

A more far-sighted policy would be to shelve the idea of an American consulate for the Palestinians and instead focus on vigorously enforcing the Taylor Force Act so that the PA is presented with a stark choice between rewarding terrorism and obtaining badly needed economic support funds.

Similarly, the Biden administration should throw its support behind the Taylor Force Martyr Payments Prevention Act, a bill introduced by Senator Cotton. It would block financial institutions from doing business in America if they process pay-for-slay payments to terrorist prisoners or family members. The Taylor Force Act was a critical piece of legislation. The Taylor Force Martyr Payments Prevention Act is a next step. 

I know that it is not an easy thing for officials so heavily invested in the policies of the past to move in a different direction. I saw that atmosphere when I worked in our government, and over time, after significant discussions, respectful arguments, and soul searching, many of those officials helped us row in the right direction.

Diplomacy and trying to build peace demands a willingness to acknowledge uncomfortable and even ugly realities. That’s how the Trump administration was able to foster the environment that created the Abraham Accords. I hope the Biden administration finds the wisdom to learn from that remarkable success.

Mr. Greenblatt, @GreenblattJD, hosts The Diplomat podcast and is the author of the book “In the Path of Abraham,” due out in June. 


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