A bill introducing the death penalty for terrorists, promoted by National Security Minister Itamar Ben-Gvir and members of his Otzma Yehudit party, is expected to come to a final vote in the Knesset on Monday.
Despite legal concerns and internal opposition within the coalition, lawmakers are widely expected to approve the legislation and add it to Israel’s law books. At the same time, the foreign ministers of Germany, France, Italy and the United Kingdom issued a joint statement expressing concern over the proposal.
The bill has drawn criticism from security agencies and legal experts, as well as resistance from some coalition factions, including United Torah Judaism. Ben-Gvir has pushed forward with the legislation, warning it could destabilize the coalition if it fails.
Yisrael Beiteinu supports the principle of capital punishment for terrorists but has reservations about the current draft. Party leader Avigdor Lieberman said his faction would oppose the bill unless Prime Minister Benjamin Netanyahu personally attends the vote and supports it.
A softened version of the law
Israeli military law already allows the death penalty in extreme cases, but only with a unanimous decision by a judicial panel. It has been applied only once in Israel’s history, in the case of Nazi war criminal Adolf Eichmann.
Ben-Gvir initially sought a mandatory death penalty for terrorists, with no right to appeal or sentence reduction. Netanyahu pushed to soften the proposal over concerns about international repercussions, insisting on judicial discretion and an appeals process.
Under the current draft, the law distinguishes between cases in the West Bank and within Israel.
In the West Bank, the death penalty would become the default sentence for terrorists, though not mandatory. Judges would retain discretion to impose life imprisonment in exceptional cases but would be required to justify such decisions. There would be no possibility of clemency or sentence reduction by military authorities.
The defense minister would also have the authority to decide whether suspects from the West Bank are tried in military or civilian courts. Unlike current military law, a death sentence would not require a unanimous ruling and could be imposed by a simple majority, without a request from the prosecution.
Within Israel, the death penalty would apply only to those who cause death “with intent to undermine the existence of the State of Israel.” The law would also bar the release of those sentenced to death in future hostage deals.
Legal and international criticism
The National Security Council and other security bodies have raised concerns that the bill could violate international law, including the Geneva Conventions, which require the possibility of clemency for those sentenced to death.
Foreign Minister Gideon Sa’ar has also expressed reservations, warning of potential diplomatic consequences. Justice Minister Yariv Levin, who supports capital punishment, has criticized aspects of the draft as poorly formulated.
Idan Ben Yitzhak, legal adviser to the Knesset’s National Security Committee, cautioned that capital punishment is irreversible and must be applied with extreme care.
“A further difficulty is the absence of any possibility of clemency, which may conflict with international conventions and create legal challenges,” he said.
Opposition lawmaker Gilad Kariv warned that the law could expose Israel to legal risks abroad and questioned its effectiveness as a deterrent.
“Throughout the lengthy discussions, no serious evidence has been presented showing that the death penalty increases deterrence,” he said.
Kariv added that the bill could place Israel “at the most extreme end of the democratic world” regarding capital punishment and argued that its wording could lead to unequal application.
Supporters: ‘Deterrence will be restored’
Supporters of the bill argue it is necessary in the current security environment.
National Security Committee chairman Zvika Fogel said the legislation represents “a significant step in restoring deterrence to the State of Israel.”
“In an exceptional reality like ours, exceptional tools are required to fight terrorism,” he said. “Anyone who comes to murder Jews out of terrorism bears responsibility for their own fate.”
In their joint statement, European foreign ministers warned that adopting the law could “undermine Israel’s commitments to democratic principles” and raised concerns about its potentially discriminatory nature.
The final vote is expected in the coming days.