Israel has used the death penalty only twice in its history. The last time was more than sixty years ago when Nazi war criminal Adolf Eichmann was executed. After the Hamas-led attacks on 7 October 2023 there has been new political pressure to bring back capital punishment. The proposed law would target Palestinians convicted of deadly attacks in Israeli courts.
Supporters say the death penalty would act as a strong deterrent and help protect the country. Opponents including human rights groups argue the law is unethical and unfair because it would apply only to Palestinians. The proposal has caused strong debate in parliament. Families who lost loved ones in the 2023 attacks and the Gaza war have spoken both in support of and against the plan.
Israel still allows the death penalty in law but in practice death sentences have almost always been reduced to life imprisonment.
Opponents of the death penalty say it goes against Jewish law basic ethics and the right to life. They also warn it could lead to innocent people being executed. Israeli human rights groups say the proposed law would increase discrimination because it would apply only to Palestinians convicted of terrorism and not to Jewish Israelis.
Tal Steiner from the rights group HaMoked said reopening the debate was a low point. She said the law was clearly designed to apply only to Palestinians and never to Jews. The draft law says it aims to protect Israel by increasing deterrence and reducing kidnappings and hostage taking.
Under the proposal military courts which try only Palestinians would be required to hand down death sentences. Executions would take place within 90 days after an appeal. The death penalty could also be used in civilian courts but judges would not be forced to apply it.
Past proposals were rejected by security officials who said the policy increased tensions and did not prevent attacks. Zvika Fogel of the Jewish Power party said the bill targets terrorists only and denied it is discriminatory.
Public opinion in Israel seems to be moving in favor of harsher punishments. But lawmaker Aida Touma-Suleiman of the Hadash party warns politicians to be careful. She says the death penalty bill is driven by revenge and goes against international law. She believes the Supreme Court would strike it down if it passes. Ben Gvir has posted videos showing bound and blindfolded Palestinian prisoners accused of the 7 October Hamas attacks. Reports say 110 Palestinian detainees have died under his policies in the past two and a half years. The UN has raised concerns about torture and mistreatment in Israeli prisons, which Israel denies.
Meanwhile, another bill is being prepared to create a special military tribunal for these prisoners. They could face war crimes charges and possibly the death penalty.
While many countries have ended capital punishment, Israel seems to be moving in the opposite direction.
