An In-Depth Look at Israel’s New Death Penalty Law

Israel’s far-right government unveiled a controversial legislative measure, which was finalized by the Knesset on Monday night. The law authorizes the death penalty for Palestinians found guilty of causing fatal casualties during attacks. This marks a significant shift after years of stalled efforts to reintroduce capital punishment in the country.

Historical Context of Capital Punishment

Capital punishment in Israel has been intermittently revived, yet previous attempts faced limited success. Until recently, the death penalty was primarily reserved for war crimes. It was officially suspended in 1954 for regular crimes and peacetime offenses, though technically it could still apply to crimes against humanity or the Jewish population, as well as under specific conditions of martial law.

The New Legislative Push

Following the Hamas-led attacks on October 7, 2023, Israeli lawmakers have renewed their focus on reestablishing the death penalty for terrorists. The proposed “Penal Bill (Amendment ― Death Penalty for Terrorists)” aims to streamline the process, applying it to Palestinians convicted of fatal attacks. This move has sparked intense debate, with supporters citing the need for stricter penalties to deter terrorism.

The current government, led by Prime Minister Benjamin Netanyahu, holds the parliamentary votes required to enact the law. Opponents, however, argue it violates ethical and constitutional principles, labeling it as discriminatory between Jewish Israelis and Palestinians.

Bill Provisions and Trial Processes

The legislation outlines distinct pathways for trials in criminal and military courts. In the West Bank, military courts—operating under Israeli control—would impose mandatory death sentences on Palestinians accused of terrorist acts, with no room for appeal unless “special reasons” are cited. This contrasts with the existing practice, where life imprisonment was typically the outcome.

“These military courts have an approximately 96% conviction rate, based largely on ‘confessions’ extracted under duress and torture during interrogations,” stated B’Tselem, an Israeli human rights organization.

Under the new law, a simple majority among judges would suffice to impose the death penalty, rather than requiring consensus. The bill also specifies that sentences will be either death or life imprisonment, with no middle ground.

Legal Criticisms and Retroactive Application

Legal experts have raised concerns about the bill’s fairness. Ido Ben-Itzhak, the Knesset committee’s legal advisor, pointed out that the amendment fails to include provisions for pardons, contradicting international conventions. The law will not apply retroactively, meaning those implicated in the October 7 attacks will not face execution under its terms. However, its implementation could set a precedent for future cases.

Only two executions have occurred since Israel’s founding. The first in 1948 was Meir Tobianski, an army officer wrongly accused of espionage and posthumously exonerated. The second was Adolf Eichmann, a key Nazi figure executed in 1962 after a trial in Jerusalem.