A proposed bill advocating the death penalty for Palestinian terrorists, with the backing of Prime Minister Benjamin Netanyahu, has sparked a fervent public and political debate in Israel. The bill, which has stirred controversy, is championed by the Otzma Yehudit party and aims to address the persistent threat of terrorist attacks against Israeli citizens.
Initially, Netanyahu was cautious about expressing public support for the legislation, largely due to concerns over its potential impact on hostages in Gaza. However, his office has now confirmed his endorsement of the bill. Shosh Bedrosian, spokesperson for foreign media at the Prime Minister’s Office, stated, “The prime minister supports the death penalty as a punishment after a fair trial in our judicial system. Anyone who harms the State of Israel and its citizens will face consequences.”
Coalition lawmaker Limor Son Har-Melech, who is spearheading the bill, elaborated to Fox News Digital that although the legislation is still in the drafting phase, its intent is clear. “We aim to combat the phenomenon of terrorist attacks against Israeli citizens,” she explained. “As such, the law will apply to those who commit terrorist acts against citizens of the State of Israel.”
The draft document of the proposed law outlines that the death penalty would be imposed by a simple majority decision, leaving no room for discretion or sentence modification. This includes no possibility for mitigation through deals or pardons, although existing laws would still apply.
Prime Minister Netanyahu’s endorsement was made public during a press conference at the Kirya military base in Tel Aviv, where he appeared alongside Defense Minister Yoav Gallant and Cabinet Minister Benny Gantz on October 28, 2023. The move signifies a significant policy stance by the Israeli government, reflecting its determination to address national security concerns through stringent measures.
A document outlining the law’s basic principles states that the sentence “will be imposed by a simple majority without discretion, without the ability to modify the type of sentence, without the ability to mitigate the sentence by offering a deal or through pardon (subject to existing law).”
To prevent delays, the document adds that the execution “will be carried out within 90 days” and that it will be administered by the Prison Service “by means of a poison injection.”
Terrorists in the central Gaza town of Deir al-Balah celebrate the ceasefire on Jan. 19, 2025. (TPS-IL)
The document highlights the bill’s intended deterrent effect, noting that Israel has repeatedly been targeted by terror groups seeking to kidnap Israelis for prisoner exchanges. A 2011 deal, for instance, saw 1,027 Palestinian prisoners released in return for IDF soldier Gilad Shalit, who was kidnapped in 2005. Assassinated Hamas chief Yahya Sinwar —widely viewed as the architect of the Oct. 7 massacre — was among those freed in that exchange.
Israeli National Security Minister and Otzma Yehudit Party chief Itamar Ben-Gvir told Fox News Digital, “The death penalty law for terrorists is necessary and extremely important. Whoever raped our daughters, murdered our elders, or slaughtered our children has no right to exist, no right to breathe air for a single second. His sentence is one: to put him on the gallows.”
He added, “This law is moral and ethical, and it sends a very clear message to our enemies: don’t mess with us. I will continue to advance this law with all my might. I will not let up until we pass it, God willing.”
Hamas terrorists killed civilians, including women, children and the elderly, when they attacked Israel on Oct. 7, 2023. (Israel Defense Forces via AP)
Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute, told Fox News Digital that research indicates capital punishment does not significantly deter ordinary murderers, and its effect on terrorists — who already risk their lives — may be even weaker.
He also noted that the law provides no discretion for the court or prosecution, effectively making the death penalty mandatory in certain cases.
“It’s extreme and, I believe, unconstitutional. It also would not apply to Jewish terrorists, which is discriminatory,” Fuchs said.
“This assumption that we will execute tens of thousands of people is completely false. The law applies only to murderers. The idea that enacting the death penalty means all terrorists will be executed is simply not true,” he added.
Yitzhak Wasserlauf, Israel’s minister for the Negev, the Galilee and National Resilience told Fox News Digital that the death penalty law for terrorists is important as it is intended to put an end to the kidnappings of Israelis.
“The only way there will be no more kidnappings of Israelis is if there are no more terrorists to release in exchange for them,” Wasserlauf said.
A bloodied handprint stains a wall in a Nir Oz house after Hamas terrorists attacked this kibbutz days earlier near the border of Gaza. (Alexi J. Rosenfeld/Getty Images)
The death penalty has been used only twice in Israel’s history — most notably in the 1962 execution of SS officer Adolf Eichmann, a chief architect of the Holocaust.
United Torah Judaism lawmaker Yaakov Asher, who opposes the bill, told Fox News Digital that his objection is rooted in the principle of pikuach nefesh, a fundamental principle in Jewish law that prioritizes the preservation of human life above almost all other religious commandments.
Knesset member Limor Son Har-Melech 9 (left), from the right-wing Otzma Yehudit party, sponsored the capital punishment bill for terrorists. (Matan Golan/SOPA Images/LightRocket via Getty Images)
“Rabbi Dov Lando instructed us to oppose it, warning that even raising the issue — let alone legislating it — could trigger a wave of terrorism against Jews,” Asher said. “There is also the halakhic concern of ‘provoking the nations of the world,’ which requires weighing whether any measure would protect Jews or, God forbid, endanger even one.”
The Hadash–Ta’al faction in the Knesset, led by MK Dr. Ahmed Tibi, issued an official statement denouncing the bill as discriminatory and incendiary.
“It is clear to us that the death penalty will not deter; on the contrary, it will produce the opposite effect and may increase attacks — something we oppose as a group. We want to advance a political process that will end the conflict,” the statement said.
“All human rights values and norms fundamentally oppose the death penalty from a humane perspective,” it continued. “We know from our parliamentary and political work that the proposed bill is nothing less than an act of vengeance that deepens hatred and fuels an atmosphere of incitement and extremism among both people,” it added.
The bill still requires two additional readings in the Knesset plenum to pass and remains subject to possible amendments beforehand.
