Is the killing of a terrorist who murders a Jew and would eagerly murder more people Halachically permissible if such a person is unable to actually perform additional murders?
According to a Haaretz article (discussing the Azaria trial), a Jew isn't allowed to kill someone under such a scenario; however, it mentions that some Rabbis disagree. What is the argument of those who disagree?
I know that
הבא להורגך השכם להורגו
explains that Halachically, one is justified in killing someone who will murder them. But I assume that mere intent without the physical possibility of performing the murder isn't enough. I also understand that there are provisions regarding war, but who is to determine if such a killing is in war? Furthermore, I understand that murderers must be allowed to stand trial. So, what kind of Halachic argument could they possibly make?