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?

  • 3
    I want it clear to everyone that this question is not about the case of the Azaria trial, but rather the case specified in the question: killing a terrorist who murders a Jew and would eagerly murder more people but is unable to actually perform additional murders.
    – Double AA
    Jan 6 '17 at 4:56
  • Note it's very possible no one holds the position you describe and that article is setting up a red herring (and using it to attack rabbis who supported Azaria for other reasons). If you could better source the existence of these positions that would strengthen your question.
    – Double AA
    Jan 6 '17 at 4:57
  • I suppose its a long-shot, but could it be argued that Jews are perpetually in a war against those who seek their destruction (and act and encourage others to act upon such desires)?
    – JosephG
    Jan 6 '17 at 5:27
  • Note that there's also a difference between an attempted murderer after the fact and a murderer after the fact. Jan 6 '17 at 13:59
  • 1
    @Salmononius2 That only applies to certain relatives. The question was clearly about the general case
    – Double AA
    Jan 6 '17 at 16:55

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