Prime Minister Benjamin Netanyahu has publicly endorsed a controversial bill proposing the death penalty for Palestinian terrorists who murder Israelis. The legislation, which requires two more Knesset votes to pass, mandates execution within 90 days following a fair trial. The law aims to deter future terrorist attacks and addresses the issue of hostage-taking, with critics arguing it is discriminatory and potentially unconstitutional.
The bill, which has sparked intense public and political debate, has been spearheaded by Coalition lawmaker Limor Son Har-Melech from the Otzma Yehudit party. Har-Melech stated that the law would apply to those who carry out terrorist attacks against Israeli citizens, with the sentence being imposed by a simple majority without discretion, without the ability to modify the type of sentence, or to mitigate the sentence through a deal or pardon (subject to existing law). The execution would be carried out within 90 days by the Prison Service via poison injection.
Supporters of the law, including Israeli National Security Minister Itamar Ben-Gvir, argue that it is a necessary and moral measure to send a clear message to Israel’s enemies. Ben-Gvir stated, “The death penalty law for terrorists is necessary and extremely important. Whoever raped our daughters, murdered our elders, or slaughtered our children has no right to exist, no right to breathe air for a single second. His sentence is one: to put him on the gallows.” Ben-Gvir asserted that the law would prevent future terrorist attacks and protect Israelis from further harm.
However, critics, including Dr. Amir Fuchs from the Israel Democracy Institute, argue that the law is extreme, unconstitutional, and discriminatory. Fuchs stated that research indicates capital punishment does not significantly deter ordinary murderers, and its effect on terrorists, who already risk their lives, may be even weaker. He further noted that the law provides no discretion for the court or prosecution, effectively making the death penalty mandatory in certain cases. Fuchs also raised concerns about the law’s potential to alienate the international community and its discriminatory nature, as it would not apply to Jewish terrorists.
Opponents of the law, such as United Torah Judaism lawmaker Yaakov Asher, argue the bill violates the principle of pikuach nefesh, a fundamental principle in Jewish law that prioritizes the preservation of human life above almost all other religious commandments. Asher warned that even raising the issue or legislating it could trigger a wave of terrorism against Jews. The Hadash–Ta’al faction in the Knesset, led by Dr. Ahmed Tibi, also denounced the bill as discriminatory and incendiary, arguing that it would not deter attacks and may increase them, fostering an atmosphere of hatred and extremism.
The bill is still waiting for two additional readings in the Knesset plenum to pass, and it remains subject to possible amendments before final approval. While the law aims to address the issue of hostage-taking and deter terrorist attacks, its implementation and long-term consequences remain a subject of intense debate and concern.