Alan Baker, former legal adviser to Israel’s Foreign Ministry and former ambassador to Canada, says the death penalty could be applied to some Hamas terrorists involved in the October 7 massacre at Kibbutz Nir Oz.
In a recent interview, Baker said Israeli law—and international law—allows for such a punishment in cases involving especially heinous crimes.
Alan Baker, former legal adviser to Israel’s Foreign Ministry and former ambassador to Canada
(Video: Miki Schmidt)
In an earlier interview with The Sun UK, Baker had suggested that some of the captured Hamas attackers could face capital punishment after trial. Asked what led him to that conclusion, he replied, “Because this is the law. People who carry out the most heinous crimes—rape, murder and other things—can be put on trial and given the death penalty or other penalties. The law enables this, as does the Geneva Convention with respect to those who are residents of the territory.”
Although Israel has not used capital punishment since the 1962 execution of Nazi war criminal Adolf Eichmann, Baker said that, legally, the option still exists.
“As far as I know, yes,” he said when asked whether Israel's legal system allows for the death penalty. “If not, then I understand that there is proposed legislation to ensure that this is the case. But in any event, it is possible according to the Geneva Convention. In view of the seriousness of the crimes committed by some—not all, but the most heinous—this could be a possibility.”
Some critics argue that capital punishment could serve as a motivation for terrorists rather than a deterrent. Baker dismissed that idea.
“Terrorists are already very encouraged and highly incited,” he said. “They do what they do and keep saying they’ll repeat what they’re doing. So I don’t think giving the death penalty or not would make one iota of difference.”
He also cautioned against letting international opinion influence such decisions.
“These considerations shouldn’t take into account what the world thinks,” he said. “The world will condemn Israel whatever it does—whether it imposes the death penalty or anything less. We’ve seen this for 80 years. Israel has tried to explain itself and to appear reasonable, and the world has consistently condemned it.”
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Asked whether the current circumstances were comparable to the Eichmann case, Baker noted recent public comparisons between the October 7 atrocities and Nazi crimes during the Holocaust. “I can absolutely sympathize and understand that comparison,” he said. “So if a Nazi was given the death penalty, then I think there’s absolutely no reason why these [Hamas] people who carried out the most heinous crimes shouldn’t be given the same penalty.”
Baker has been involved in numerous trials of Palestinian terrorists during his legal career. He emphasized that any potential death sentences would need to be based on law and evidence presented in court.