Amid the ongoing tensions in West Asia due to the war in Iran, Israel on Monday saw celebrations with the National Security Minister Itamar Ben-Gvir, pouring champagne into the glasses of the members outside the Knesset chamber. “Soon we will count them one by one,” he was heard saying in a video shared on social media. The Members of the Knesset, Israel’s parliament, were elated about the passing of what is seen as a deeply polarising law: The “Death Penalty for Terrorists” Bill.

The highly debated law mandates capital punishment for those convicted of deadly terror attacks against Israeli citizens. Legal experts say that this law also highlights a major shift in Israel’s legal landscape. For years, Israel reserved the death penalty solely for extraordinary crimes like genocide. Under pressure from right-wing political parties and with strong backing from Prime Minister Benjamin Netanyahu, the new law was finally passed, signalling a tough judicial approach of the state to national security.

The law establishes “death by hanging” as the default sentence for persons convicted of “premeditated murder”, termed a terrorist act — this refers to an act aimed at harming the State of Israel or the rebirth of the Jewish people in their homeland.

Unlike the previous military regulations that sought a unanimous decision by a three-judge bench, this law allows for a simple majority (2-1) to pronounce the sentence. Further, it limits the power of the military commander in the West Bank to commute or pardon these sentences, mandating that the execution be carried out within 90 days of a final ruling. While judges technically retain the discretion to opt for life imprisonment under “special circumstances”, the legislative intent clearly frames the death penalty as the standard expectation for such offences.

A fairly divided House

The Knesset displayed the final readings with a 62-48 majority (with one abstention). The key push for the legislation came from the Ben-Gvir-led far-right Otzma Yehudit (Jewish Power) party. His photograph, featuring a golden noose-shaped lapel pin, was widely shared on the internet during the proceedings. 

Despite previous hesitations from within the security establishment, Netanyahu and his Likud party provided the necessary support for the Bill’s passage. The right-wing opposition party Yisrael Beiteinu (Israel Our Home), led by Avigdor Liberman, also backed the measure, arguing that deterrence is the only language the region understands.

Yair Lapid and the Labour party spearheaded the opposition within the Knesset. Lapid condemned the action, labeling it a “distorted PR manoeuvre” that jeopardises the safety of Israeli security forces. The ultra-Orthodox parties (Haredim) opposed the move, citing religious principles.

A recurring campaign

The Israeli Right has been pushing for such a law for over a decade. The momentum shifted significantly following the October 7, 2023, attacks. In the years that followed, the Israeli public’s opinion for harsher punitive measures became favourable, even amid warnings from the country’s legal advisers against international blowback.

Bill witnessed intense debates in the National Security Committee. Supporters contended that the practice of exchanging prisoners, where convicted terrorists are released in exchange for hostages, undermines the justice system and that the death penalty is the only way to guarantee that a terrorist will never strike again.

Meanwhile, those who opposed the Bill — including security officials, legal experts, international bodies, and religious leaders — argued that the death penalty does not deter ideologically motivated terrorism. They warned that executions are likely to trigger a wave of retaliatory kidnappings of Israeli soldiers and civilians to be used as bargaining chips to stop the hangings. Meanwhile, many religious leaders viewed the state-led execution as a violation of religious values.

The law is not retrospective. This means it will not apply to the thousands of Palestinians currently in Israeli prisons, nor will it apply to the perpetrators of the October 7 attacks, who are being prosecuted under separate, existing legal frameworks.

Furthermore, the law primarily focuses on residents of the West Bank undergoing trials in military courts. While the law includes provisions that could technically apply to Israeli citizens in civilian courts, the definition of the crime — acting with the intent to “negate the existence of the State of Israel” — is designed in a way that legal experts say will, in practice, apply almost exclusively to Palestinians.

‘Legalising genocide’

The Palestinian Authority’s Foreign Ministry condemned the law as a “dangerous shift toward legalising genocide” and a war crime under international law. Hamas warned that the Bill crosses a “red line”, suggesting it would lead to increased mobilisation and potential retaliatory strikes.

“This law once again reveals the nature of the Israeli colonial system, which seeks to legitimise extrajudicial killing under legislative cover. Israel has no sovereignty over Palestinian land, and this legislation is a dangerous shift toward legalising genocide and a war crime that places the occupying power in direct confrontation with international legal norms,” the Palestinian Authority said in a statement Monday.

Internationally, the European Union and various United Nations experts have urged Israel to withdraw the law, noting that it contradicts the global trend toward abolition. Within Israel, the Shin Bet (internal security agency) had historically opposed the death penalty, fearing it would turn executed prisoners into “martyrs.”

In 1948, the newly founded State of Israel inherited British Mandate laws that included capital punishment. However, the Knesset abolished the death penalty for murder in 1954.

It was retained only for “extraordinary crimes”, including treason, genocide, and crimes against the Jewish people. In the 78-year history of the State, only one person has been executed by the civil judicial system: Nazi official Adolf Eichmann, who was hanged in 1962. A second sentence was handed to John Demjanjuk in 1988 for war crimes, but it was later overturned on appeal.

According to the Israel Prison Service (IPS), there are already about 9,500 Palestinian prisoners in Israeli prisons, a majority of them awaiting trials. The right-wing parties are hoping that the Palestinians, particularly from the West Bank, arrested henceforth can be executed for their proven crimes. However, implementing the death penalty may not be easy due to concerns from Israeli political groups and the international community.