A controversial bill proposing the death penalty for Palestinian terrorists – backed by Prime Minister Benjamin Netanyahu – has sparked intense public and political debate.
Although Netanyahu initially refrained from publicly supporting the legislation, reportedly over concerns that it could impact hostages held in Gaza, his spokesman has since confirmed his approval.
“Regarding the death penalty bill, it is known that the Prime Minister obviously supports it as punishment after due process in our legal system. Anyone who harms the State of Israel and its citizens will face the consequences,” said Shosh Bedrosian, spokesperson for foreign media at the Prime Minister’s Office.
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Prime Minister Benjamin Netanyahu attends a press conference at the Kirya military base in Tel Aviv, Israel, October 28, 2023. (Abir Sultan/swimming pool photo via AP)
A document outlining the basic principles of the law states that the punishment “shall be imposed by a simple majority without discretion, without the possibility of changing the type of punishment, without the possibility of mitigating the punishment by offering a deal or through pardon (depending on existing law).”
To avoid delays, the document adds that the execution “will be carried out within 90 days” and that it will be carried out by the prison service “by means of a poison injection”.
Terrorists in the city of Deir al-Balah in central Gaza celebrate the ceasefire on January 19, 2025. (TPS-IL)
The document emphasizes the intended deterrent effect of the bill, noting that Israel has been repeatedly targeted by terrorist groups seeking to kidnap Israelis for prisoner exchanges. For example, a 2011 deal freed 1,027 Palestinian prisoners in exchange for IDF soldier Gilad Shalit, who was kidnapped in 2005. Slain Hamas chief Yahya Sinwar – widely seen as the architect of the October 7 massacre – was among those released in that exchange.
He added: “This law is moral and ethical, and sends a very clear message to our enemies: do not argue with us. I will continue to promote this law with all my might. I will not give up until we pass it, God willing.”
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Hamas terrorists killed civilians, including women, children and the elderly, when they attacked Israel on October 7, 2023. (Israeli Armed Forces via AP)
He also noted that the law provides no discretion to the court or the prosecution, effectively making the death penalty mandatory in certain cases.
“It is extreme and, in my opinion, unconstitutional. It would also not apply to Jewish terrorists, which is discriminatory,” Fuchs said.
“This assumption that we will execute tens of thousands of people is completely false. The law only applies to murderers. The idea that introducing the death penalty means that all terrorists will be executed is simply not true,” he added.
“The only way there will be no more kidnappings of Israelis is if there are no more terrorists to release in exchange for them,” Wasserlauf said.
A bloody handprint stains a wall in a house in Nir Oz after Hamas terrorists attacked this kibbutz near the Gaza border days earlier. (Alexi J. Rosenfeld/Getty Images)
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The death penalty has only been used twice in Israel’s history – most notably in the 1962 execution of SS officer Adolf Eichmann, one of the key architects of the Holocaust.
MK Limor Son Har-Melech (left) supported the law on the death penalty for terrorists. (Matan Golan/SOPA Images/LightRocket via Getty Images)
“Rabbi Dov Lando instructed us to oppose it and warned that even raising the issue — let alone legislating it — could spark a wave of terrorism against Jews,” Asher said. “There is also the halakhic concern of ‘provoking the nations of the world,’ which involves weighing whether any measure would protect Jews or, God forbid, endanger even one.”
The Hadash-Ta’al faction in the Knesset, led by Dr. Ahmed Tibi, released an official statement labeling the bill as discriminatory and inflammatory.
“We are clear that the death penalty will not act as a deterrent; on the contrary, it will have the opposite effect and increase the number of attacks – something we as a group oppose. We want to promote a political process that will end the conflict,” the statement said.
“All human rights values and norms are fundamentally against the death penalty from a human perspective,” the report continued. “We know from our parliamentary and political work that the proposed bill is nothing less than an act of revenge that deepens hatred and fuels an atmosphere of sedition and extremism among both peoples,” it added.
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The bill still requires two additional readings in the Knesset plenum to pass and remains subject to possible advance changes.
