An Israeli court yesterday convicted Palestinian uprising leader Marwan Barghouthi of murder, drawing vows of defiance from the populist lawmaker seen as a successor to President Yasser Arafat.
In what Palestinians condemned as a show trial, a Tel Aviv court found Barghouthi guilty of murder in five killings by militants in his Fatah faction, but acquitted him of 21 other killings citing insufficient evidence.
Barghouthi, a member of the Palestinian legislature and top West Bank leader of Fatah, said throughout the case he opposed the killing of innocent people in the revolt that began in 2000. Barghouthi had maintained that Israel had no jurisdiction over him and that he was a political leader not linked to violence.
"So long as occupation continues, the Intifada (uprising) will not stop," said Barghouthi, 44. "So long as Palestinian mothers are weeping, Israeli mothers will also weep."
Prosecutors asked the court to hand down five life sentences when it reconvenes on June 6.
The court found Barghouthi guilty of murder and complicity in attacks that killed a Greek Orthodox monk in the West Bank in 2001, an Israeli at the Jewish settlement of Givat Zeev in 2002 and three people at a Tel Aviv restaurant in 2002.
But the court said the latter attack was carried out in Israel against the orders of Barghouthi, who it said wanted a West Bank Jewish settlement to be the target. But it said he was culpable for the result since he had ordered the attack.
Barghouthi had opposed extending violence outside the areas that Israel occupied in the 1967 Middle East war and Palestinians now want for a state.
Supporters said the verdict would bolster Barghouthi among Palestinians for whom he is second in popularity only to Arafat.
Legal experts called the acquittals a blow to Israel's attempt to assign wholesale blame to Palestinian leaders for violence by militants alleged to be under their control.
"The court ruled you can't attribute criminal responsibility to political leaders of organisations for acts committed by those organisations unless (the leaders) were directly involved in those acts," said Israeli legal commentator Moshe Negbi.
But others said the trial, which drew intense international interest, demonstrated due process of law in the Jewish state.
"The fact that the judges acquitted him on several counts shows that they discussed the case thoroughly as they would any other," Israeli Justice Minister Yosef Lapid told Reuters.
Barghouthi, seized by Israeli soldiers in a West Bank raid two years ago, mounted no formal defence, saying he did not recognise the legality of the proceedings against him. The verdict cited what it said were Barghouthi's confessions as well as testimony by alleged accomplices and investigators from the Shin Bet security service. He was also convicted on one count of attempted murder over a botched Jerusalem car bombing.
Reading from the ruling, Judge Sarah Sirotta pointed an accusing finger at Mr Arafat, echoing Israeli government allegations that he encourages bloodshed.
"(Arafat) made sure his subordinates understood very well when he was interested in a ceasefire and when he was interested in terror attacks against Israel," the judge said.
Mr Arafat aide Nabil Abu Rdainah said: "These are unfounded and baseless allegations. This is a pretext to continue their (Israel's) escalation and threats" against Mr Arafat.