Israel’s Knesset passed a bill on Monday mandating the death penalty for Palestinians convicted of deadly acts of terrorism. The bill stipulates that the death penalty will be imposed on a terrorist who killed a person “with the intent to deny the existence of the State of Israel.”
In doing so, the bill’s wording creates a distinction designating it almost exclusively for Palestinian terror, while the ideological burden of proof it sets is expected to make its application to Jewish nationalist terror nearly impossible.
Sixty-two lawmakers voted in favor of the contentious bill, including several opposition members; 48 voted against it, and one abstained. The law is now applicable in any territory that Israel functionally controls, including the West Bank and 53 percent of the Gaza Strip.
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Prime Minister Benjamin Netanyahu, at the Knesset on Monday. The proposal’s wording was softened under pressure from Netanyahu Credit: Itay Cohen
Prime Minister Benjamin Netanyahu, at the Knesset on Monday. The proposal’s wording was softened under pressure from Netanyahu Credit: Itay Cohen
The court will be granted permission to impose a life sentence on convicts instead of the death penalty if it finds “special reasons” for it or if “special circumstances” exist.
According to the bill, advanced by far-right National Security Minister Itamar Ben-Gvir’s Otzma Yehudit party and MK Nissim Vaturi (Likud), the court may impose the death penalty even if the prosecution did not request it. Furthermore, unanimous consent of the judges will not be required to impose the death penalty.
The law will not apply to Hamas terrorists who participated in the October 7 massacre, as a separate bill is being advanced for the establishment of a dedicated tribunal for them. The proposal is being advanced despite the opposition of professional bodies to some of its clauses.
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Ben-Gvir welcomed the passage of the law, saying, “The State of Israel is changing the rules of the game today: whoever murders Jews will not continue to breathe and enjoy conditions in prison. This is a day of justice for the victims and a day of deterrence for our enemies.”
Justice Ministry representative attorney Lilach Wagner warned during the National Security Committee discussions that establishing the death penalty in the West Bank through civilian legislation is “very problematic.” During the discussions, IDF representatives warned that the law contradicts international treaties to which Israel is signatory. The Foreign Ministry also said that the amendments do not fully address the political and legal difficulties that the law raises in the international arena.
The National Security Council also expressed opposition to the proposal. The proposal’s wording was softened under pressure from Prime Minister Benjamin Netanyahu to address clauses that were considered unconstitutional or contrary to international law.
Among other things, the clause that mandated that West Bank residents be tried only in military courts was canceled. Furthermore, judges were given the option to exercise discretion and impose a sentence of life imprisonment instead of the death penalty. In addition, the original wording which stipulated that the law would apply to anyone who harmed an Israeli citizen or resident was removed.