Israel’s parliament gave final approval Monday night to legislation enabling the death penalty for terrorists, marking a dramatic shift in the country’s legal approach to terror-related killings.
The bill passed its second and third readings in the Knesset plenum, with Prime Minister Bibi Netanyahu voting in favor alongside members of the Yisrael Beyteinu faction. Opposing the measure were MK Benny Gantz and representatives of the Degel Hatorah faction. Noam party chairman MK Avi Maoz did not participate in the vote.
Presenting the proposal during earlier deliberations, National Security Committee chairman MK Zvika Fogel described the measure as a necessary response to the current security situation. “The State of Israel is facing unparalleled evil and hatred,” said Fogel.
“Our enemies do not seek a border, a compromise or a shared future, but to destroy, harm, sow fear here and undermine our very existence here,” continued Fogel. “Faced with such a reality, our responsibility is clear – to protect the citizens of Israel. Not with words or hopes, but with deeds. This law is not a law of revenge or rage, but of the responsibility of a state towards its citizens, of leadership towards human life.”
He said, “The reality has changed and, to my delight, so has the security perception of the senior security officials, especially after we parted ways with those who were defenders of the concept and now everyone supports the need to advance the proposal, even if they had comments on its details. After dozens of discussions, most of which were in-depth and serious, a balanced proposal was formulated here that understands the complexity of reality but also does not deny it.”
“The existing option for the death penalty in Israeli law has not been implemented since the Eichmann trial,” he continued. “This bill adds a significant layer to the wall of defense that we are obligated to build, especially since that Black Sabbath. We are not bloodthirsty and do not seek to kill, we are a people who sanctify life and precisely for that reason cannot afford to abandon life. This law is part of a set of changes and another layer on the path to winning the War of Rebirth and the struggle for our future and the future of our children.”
Not everyone supported the move. MK Gilad Kariv sharply criticized the legislation, arguing that it constitutes an “immoral, unJewish and undemocratic” law.
The new measure aims to turn the death penalty from a rarely theoretical provision into a practical sentencing option, while distinguishing between different jurisdictions. In Judea and Samaria, capital punishment would become the default penalty for murder carried out under terrorist circumstances. Judges would no longer be required to reach a unanimous decision, and the option for clemency or sentence reduction by the commander-in-chief would be eliminated.
Inside the Green Line, courts would be permitted to impose either the death penalty or life imprisonment in cases where a person deliberately causes a death with the intent of harming the state.
Under the framework of the law, the Minister of Defense will have the authority to decide whether a terrorist from Judea and Samaria is prosecuted in a military or civilian court. Those sentenced to death will be held in a separate prison section, and the sentence is to be carried out within 90 days following an automatic appeal.
Existing Israeli law already includes provisions for capital punishment in military courts, but only under strict conditions requiring unanimous agreement among judges, with execution carried out by firing squad.
Although the death penalty remains on the books for crimes such as treason, warfare against the state, and assisting the enemy, Israel’s courts have avoided using it for decades. Since the country’s founding, only one execution has been carried out under civilian authority — that of Nazi war criminal Adolf Eichmann in June 1962.
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