Israel’s parliament, the Knesset, approved a law introducing the death penalty for certain terrorism offenses on Monday, passing its second and third readings by a vote of 62 in favor, 48 against, with one abstention. The legislation stipulates that capital punishment may be imposed on a person convicted of murder carried out “with the intention of negating the existence of the State of Israel.”
Under the new law, courts may still impose life imprisonment instead of the death penalty if “special reasons” or circumstances are found.
The bill, initiated by lawmakers Limor Son Har-Melech and Nissim Vaturi, also allows judges to impose the death penalty even if prosecutors do not request it and removes the requirement for a unanimous verdict.
Trials in such cases are to be completed within 90 days, and the method of execution specified in the law is hanging.
Criticism over discriminatory impact
The Association for Civil Rights in Israel has already filed a petition against the law, arguing that it undermines fundamental rights and creates discriminatory legal frameworks.
In its filing, the group said the legislation creates “a severe violation of the rights to life, dignity, due process and equality,” and warned of unequal application between different populations.
Other legal and human rights organizations also criticized the law, saying it risks conflicting with international legal standards.
Security and legal officials raise concerns
During the legislative process, representatives from the Justice Ministry, the military and the National Security Council voiced concerns about aspects of the bill.
Officials warned that certain provisions could contradict international agreements and create legal challenges abroad, particularly regarding the application of capital punishment in the West Bank.
Some clauses were softened following pressure from Prime Minister Benjamin Netanyahu, including removing a provision that would have restricted trials in the West Bank exclusively to military courts and allowing judicial discretion in sentencing.
Political divide sharpens over law’s purpose
Supporters of the law, including National Security Minister Itamar Ben-Gvir, said it would strengthen deterrence and deliver justice for victims of terrorism.
“The State of Israel is changing the rules of the game,” Ben-Gvir said following the vote.
Opposition lawmakers condemned the legislation, with MK Gilad Kariv calling it a “disgrace” and warning that parts of the law may be unconstitutional. He said opponents plan to challenge it in court.
Human rights groups, including Adalah and others, said the law risks institutionalizing discrimination and violating international law.
The law will not apply to Hamas militants involved in the October 7 attacks, as the government is advancing separate legislation to establish a dedicated court for those cases.
The passage of the bill marks a significant shift in Israeli criminal and security policy and is expected to face legal challenges as well as scrutiny on the international stage.
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