Israel has historically used the death penalty only twice, the last occasion being over sixty years ago with the execution of Nazi war criminal Adolf Eichmann. However, following the devastating attacks led by Hamas on October 7, 2023, which resulted in unprecedented fatalities, a political wave has emerged advocating for a new law that would reinstate capital punishment for Palestinians convicted of terrorism.
Advocates like Zvika Fogel, chair of the parliamentary national security committee, describe the proposal as a moral obligation, claiming, It’s another brick in the wall of our defence. They frame the death penalty as just and necessary to deter future attacks, consistent with a broader narrative of national security. Conversely, human rights organizations and critics argue the bill constitutes a dangerous precedent in Israeli law, fostering a system of “racialized capital punishment.”
Intense debates have unfolded in Israel's Knesset, drawing testimony from various stakeholders, including bereaved families and legal experts. For instance, Dr. Valentina Gusak, who lost her daughter in the recent attacks, supports the bill, equating the death penalty to a preventive measure akin to a vaccine against future violence. Yet, others like Arab-Israeli parliamentarian Aida Touma-Suleiman caution that the legislation is fueled by vengeance rather than justice.
The legislation defines mandatory death sentences for terrorist acts in military courts, which predominantly handle Palestinian cases from occupied territories, and could apply in civilian courts as well. Critics emphasize that the law is racially targeted, aiming solely at Palestinians while exempting Jews. Such proposed laws follow a trend in Israel’s political climate toward increasingly punitive measures against perceived threats, raising concerns not only over its ethical implications but also over its alignment with international law.
As discussions continue, the broader implications of reintroducing the death penalty provoke thoughtful reflection on justice, morality, and national security in a deeply divided society grappling with trauma and a quest for safety.
