Israeli parliament, the Knesset, adopted the "Criminal Law (Amendment - the death penalty for terrorists)", making the controversial proposal the law of the country.
The death penalty used to exist in Israel for war crimes. It was repealed in 1954 for ordinary crimes and in peacetime, but technically remained permissible for crimes against humanity or against the Jewish people, as well as in certain circumstances under military law, writes DW.
In the rare cases where the death penalty had previously been handed down in military courts for terrorism-related offences, it would be commuted to life sentences on appeal.
However, after the terrorist attacks carried out by Hamas on October 7, 2023, Israeli lawmakers renewed the initiative to reintroduce the death penalty for Palestinians convicted in Israeli military and criminal courts.
Supporters of the law said that tougher penalties were necessary after the October 7 attacks and that the mood of a section of the Israeli public had changed. Opponents claimed that the law was unethical, unconstitutional and racist, and that it discriminated between Jewish Israelis and Palestinians.
A total of 62 out of 120 members of the Knesset voted for the law, including the Prime Minister Benjamin Netanyahu, while 48 were against. The others abstained or were not present during the decision-making process. In theory, the law could still be amended or overturned by Israel's Supreme Court.
Since the founding of Israel, only two people have been executed following verdicts that provided for the death penalty. The first was in 1948 when army officer Meir Tobiansky was wrongly accused of espionage and executed for treason. He was later rehabilitated posthumously. Another case was in 1962, when Adolf Eichmann, one of the leaders, was executed Nazista, after a long trial in Jerusalem.
Appeal options are very limited
According to the text of the law, the purpose is "to establish the death penalty for terrorists who have carried out deadly terrorist attacks, as part of the fight against terrorism." Furthermore, it states that a person who "deliberately causes the death of another with the aim of causing harm to a citizen or resident of Israel, with the intention of rejecting the existence of the State of Israel - shall be punished by death or life imprisonment, and only one of these punishments may be imposed".
The law introduces two different trial processes: one for criminal courts in Israel, the other for military courts in the Israeli-occupied West Bank. The latter operate under Israeli military administration and judge only Palestinians who live there under martial law.
Palestinians in the West Bank convicted of terrorism in military courts will face the mandatory death penalty or, as the text of the law states, "โฆhis sentence shall be death, and that sentence alone."
Only if the court finds that there are "special reasons" can the sentence be commuted to life imprisonment, which is the reverse of the usual practice until now. A consensus of all the judges is no longer required - a simple majority is sufficient. Appeal options are very limited.
The Israeli human rights organization B'Tselem noted before the law was passed that military courts had a conviction rate of about 96 percent, "mostly based on confessions obtained under coercion or torture during interrogation."
Knesset legal adviser Ido Ben-Yichak criticized the law before its adoption, arguing that it "does not provide for the possibility of pardoning a person sentenced to death, which is contrary to international conventions and can lead to complications."
How will the new law be implemented?
The law will not be applied retroactively, so not even to the attackers on October 7.
However, a new initiative in the Knesset is possible: the so-called The Tribunal Act (the "Act on the Prosecution of Participants in the 7 October Massacre Event"), which would introduce a special military tribunal authorized to impose the death penalty on those accused of participating in the 7 October attacks.
The Israeli Prison Service (IPS) will be required to carry out the death sentence within 90 days. The prime minister can ask the court to postpone the execution for a maximum of 180 days. The execution would be carried out by hanging, and would be carried out by an officer of the prison administration.
Photo: AP Photo/Itay-CohenIsraeli Minister Itamar Ben-Gvir and MPs celebrate after the Israeli parliament passed a law authorizing the death penalty for Palestinians convicted of killing Israelis
Who advocated for the new law?
The law was proposed by lawmakers from the far-right party "Jewish Power" (Otzma Yehudit), with the support of lawmakers from Netanyahu's Likud party and the conservative Israel Beitenu party.
Itamar Ben-Gvir, leader of the Jewish Force and Minister of National Security, was one of the most vocal advocates. He turned it into a populist campaign and wore a gold loop pin on his jacket the entire time.
Critics believe that the law was "pushed through" due to the upcoming Israeli elections. During Ben-Gvir's tenure, Israeli human rights organizations, including Physicians for Human Rights, noted a significant increase in the number of cases of abuse and torture in Israeli prisons and military detention centers.
According to HaMoked, an Israeli human rights NGO, at least 94 Palestinians, prisoners and detainees, died in Israeli prisons or military detention from the start of the war until August 2025.
Opposition to the death penalty
Criticism came from several addresses in Israel itself, but also in the occupied Palestinian territories. Palestinian lawyer Sahar Francis from Ramallah called the law "very dangerous". "That law reflects the fascist state that Israel is turning into, because in practice it will be highly discriminatory," she told DW, explaining that the law would de facto only apply to Palestinians.
She also pointed out that according to international humanitarian law, "Israel has no right to apply the death penalty to the occupied population in the occupied territory."
Israeli opposition MP Gilad Kariv (Labour) said that "the government and the coalition are submitting to the miserable, crude, immoral and irrational - from a security perspective - election campaign of Itamar Ben-Gvir". He also warned that the law could endanger future Israeli hostages and called it "extreme".
B'Tselem executive director Juli Novak said that "Israel is reaching a new level of dehumanizing Palestinians, enshrining their cruel treatment into state law."
In February, UN Human Rights Council experts also called on Israel to withdraw the law, arguing that the mandatory death penalty would violate the right to life and discriminate against Palestinians in the occupied territories.
The European Union also expressed deep concern, stressing that "the EU opposes the death penalty in all cases and under all circumstances."
Real journalism costs money, and we will not be bought by tycoons and corporations. Support us with a one-time or monthly donation. The time for it is now!
