Israel Passes New Death Penalty Law for Those Convicted of Terrorism

What Happened?

Israel’s Knesset passed a new law mandating the death penalty for those convicted of terrorism charges. Otzma Yehudit leader Ben-Gvir said, ‘We’ve made history today. Death to terrorists.’ The law requires military courts in the West Bank, which only tries Palestinians, to apply the death penalty for those convicted of terrorism. The new law is expected to take effect in thirty days and will not be retroactive, so it won’t apply to those already convicted of terrorism.

Those on Israel’s political right celebrated the passage of the law, while protests against the legislation broke out in Jerusalem. The law also applies to Israeli courts, giving them the option of imposing the death penalty on Israeli citizens convicted of terrorism. 

Why it Matters

Passage of the death penalty law demonstrates how the October 2023 attacks by Hamas have changed Israeli society and its government. Prior to those attacks, advocates of the death penalty for terrorists were mostly considered a fringe movement in Israeli politics, but now they have become much more mainstream. The brutality and horrors of the October 2023 Hamas attacks changed many minds in Israel about how to face the threat of terrorism and persuaded many that harsher laws were needed. 

For years, Israel’s political right has advocated legislation requiring the death penalty for those convicted of terrorism, but the law itself remains controversial in Israel. Opponents claim it is inconsistent with the Jewish faith and Israel’s unwritten constitution, often referred to as ‘The Basic Laws of Israel.’ The law could still be struck down by Israel’s court system, but so far the courts have not spoken on the legislation. 

Much of the opposition to the law unsurprisingly comes from Palestinians, who claim the law unfairly targets them and members of the Islamic faith. However, there is also opposition to the law from Israeli citizens and civic organizations. Those groups have already petitioned Israel’s Supreme Court to invalidate the law, meaning a case before Israel’s highest court can be expected soon. If the law is upheld, it would permanently change the way Israel’s security and legal framework deals with those convicted of terrorism. 

The October 2023 attacks by Hamas represented the biggest and deadliest attack on Israel since the attack by Arab nations on Israel in 1948. Some have called the attack by Hamas Israel’s 9/11, and while the analogy is imperfect, like the United States, Israel has been significantly changed by the event. Like the U.S., Israel has embarked on extensive military campaigns to eliminate terrorist organizations while passing harsher domestic laws at home. 

How it Affects You

Prisoner exchanges between Israel and Hamas, and Hezbollah, have often been key parts of negotiations between the groups in the past to end outbreaks of conflict. If the new law stands, it will make prisoner swaps less likely because such prisoners would be executed instead of just being jailed. That could make negotiations between the groups harder to accomplish, meaning any new conflicts that started would be more difficult to end.