JERUSALEM (AP) — Israel’s legislative body is preparing to cast ballots on proposed legislation that would establish capital punishment as the standard sentence for West Bank Palestinians found guilty of killing Israelis.
Parliamentary discussions commenced Monday, just prior to the spring legislative break. If approved, the measure would represent the successful conclusion of a multi-year campaign by Israel’s extreme right wing to intensify penalties for Palestinians found guilty of nationalist crimes against Israelis — delivering a political win for Israel’s controversial national security minister, Itamar Ben-Gvir, whose religious political party sponsored the proposed law.
Those opposing the proposed legislation describe it as discriminatory, harsh, and ineffective at preventing attacks by Palestinian militants. The proposed law stipulates that capital punishment would take effect within a month, although advocacy organizations are anticipated to challenge it before Israel’s highest court.
Leading up to the legislative vote, Ben-Gvir has promoted the proposal by wearing a miniature noose on his jacket lapel — a clear symbol referencing the bill’s preferred method of execution.
“With God’s help, we will fully implement this law and kill our enemies,” he stated following the bill’s advancement to a final vote, describing it as “the most important law” approved by parliament in recent years.
Ben-Gvir’s political party plays a vital role in the governing coalition led by Prime Minister Benjamin Netanyahu.
Opposition comes from both Israelis and Palestinians, along with international human rights organizations and the United Nations. They argue the legislation creates different standards within Israel’s judicial system that would limit death sentences to Palestinians convicted of murdering Jewish Israeli citizens.
The proposed law directs military tribunals to impose death sentences on those found guilty of killing an Israeli “as an act of terror.” These military courts handle cases only for West Bank Palestinians, who lack Israeli citizenship. The legislation allows military courts to substitute life imprisonment under “special circumstances.”
Israeli civilian courts, which handle cases for Israeli citizens including Palestinian citizens of Israel, may select between life imprisonment or capital punishment for murders intended to harm Israeli citizens and residents or “with the intent of rejecting the existence of the state of Israel.”
Amichai Cohen, a senior researcher at the Israel Democracy Institute’s Center for Democratic Values and Institutions, described this difference as discriminatory.
“It will apply in territories with military courts, which are Palestinian courts. It will apply in Israeli courts, but only to terrorist activities that are motivated by the wish to undermine the existence of Israel. That means Jews will not be indicted under this law,” he explained.
Cohen noted that according to international law, Israel’s parliament lacks authority to create legislation for the West Bank, which remains outside Israeli sovereignty. Many members of Netanyahu’s far-right coalition support annexing the West Bank to Israel.
The legal counsel for parliament’s National Security Committee identified multiple issues during previous discussions, pointing out the law’s lack of clemency provisions, which conflicts with international agreements. The proposed legislation mandates executions occur within three months of sentencing.
While Israel maintains capital punishment as a potential sentence for genocide, wartime espionage, and specific terrorist crimes, the nation has not executed anyone since Nazi war criminal Adolf Eichmann in 1962.
The proposed law would not apply retroactively to militants Israel currently detains who participated in the October 7, 2023 attack. A separate piece of legislation under review addresses punishment for those attackers.
Some opposition legislators express concern the bill might damage future prisoner exchange negotiations. Israel traded approximately 250 hostages captured during the October 2023 assault for thousands of Palestinian detainees.
The Public Committee against Torture in Israel, a domestic advocacy organization, notes the state has repeatedly supported abolishing capital punishment at the United Nations. Israel’s Shin Bet security service had — until recently — opposed the practice, fearing it might trigger additional revenge attacks by Palestinian militants.
