Israel’s Parliament, the Knesset, approved legislation Monday granting military courts the authority to impose the death penalty as a default sentence for Palestinians convicted of attacks resulting in Israeli fatalities. The law, a key promise of Prime Minister Benjamin Netanyahu’s governing coalition, passed by a vote of 69 to 45, according to reports from the Knesset.
The legislation has immediately drawn condemnation from international bodies and governments, adding to existing scrutiny of Israel’s conduct in the occupied West Bank, where violence perpetrated by Israeli settlers against Palestinians has been escalating. The vote comes as the United States reportedly prepares to review security assistance to Israel amid concerns over settler violence and the treatment of Palestinians, according to reporting by the Associated Press on April 4, 2025.
The approved law stipulates that executions will be carried out by hanging within 90 days of sentencing, though it allows for potential delays. Critically, the legislation does not provide a right to clemency, though military courts retain the option of imposing life imprisonment instead of capital punishment. The initial draft of the bill, which would have mandated the death penalty for any non-Israeli citizen in the West Bank convicted of a “terrorist” act resulting in death, was reportedly softened at Netanyahu’s request to include the possibility of life imprisonment, according to Israeli media outlets.
For Israeli citizens tried in civilian courts, the law mandates either life imprisonment or the death penalty for those convicted of intentionally causing death “with the intent of ending Israel’s existence.”
The bill’s primary architect, National Security Minister Itamar Ben-Gvir, a far-right politician with a history of anti-Palestinian rhetoric, has publicly advocated for the death penalty as a deterrent against attacks. Ben-Gvir, who was convicted in 2007 of supporting a group designated as terrorist organizations by both Israel and the United States, has also been a vocal supporter of Israeli soldiers facing investigations for alleged excessive force against Palestinians.
Prior to the vote, foreign ministers from Germany, France, Italy, and Britain issued a joint statement expressing concern that the legislation had a “de facto discriminatory” character toward Palestinians. The statement, released Sunday, warned that the law could “risk undermining Israel’s commitments with regards to democratic principles.” A separate assessment by a group of United Nations experts similarly criticized the bill’s “vague and overbroad definitions of ‘terrorist’,” suggesting the death penalty could be applied to actions that do not meet the threshold of genuine terrorism.
Ben-Gvir has argued the death penalty will deter attacks and prevent future attempts to secure the release of Palestinian prisoners through hostage negotiations. However, Amnesty International, which tracks global use of the death penalty, maintains there is no evidence to support the claim that capital punishment is more effective at reducing crime than life imprisonment.
The legislation has faced internal opposition within Israel’s security and legal establishments, with critics arguing it is unconstitutional and ineffective. Israeli rights groups and opposition parliament members have vowed to challenge the law in the Supreme Court, where its fate remains uncertain. Legal experts suggest the court is likely to strike down the law, citing concerns about its compatibility with Israeli constitutional principles.
Israel abolished the death penalty for murder in 1954. The only execution carried out in Israel after a civilian trial was that of Adolf Eichmann, a key architect of the Holocaust, in 1962. Military courts retained the authority to impose the death penalty, but have not exercised it to date.
Globally, the trend is toward abolition, with 113 countries having outlawed the death penalty for all crimes, according to Amnesty International. Currently, 54 countries worldwide still permit capital punishment, including the United States and Japan.
B’Tselem, an Israeli human rights organization, reports a 96% conviction rate in West Bank military courts, where Palestinians are tried for alleged offenses. The organization alleges a history of confessions being extracted through torture. Abdallah Al Zughari, head of the Palestinian Prisoner’s Club, stated that Palestinians held in Israeli jails have already been subjected to practices amounting to “unhurried killing,” resulting in over 100 prisoner deaths since the October 7, 2023, Hamas attack on Israel.
The next Israeli national election is scheduled to be held by October 2026, and the passage of this law is widely seen as a move to appeal to Netanyahu’s right-wing base. The international response to the legislation, and any subsequent rulings by the Israeli Supreme Court, will likely play a significant role in shaping the political landscape leading up to the election.
