Israel’s Knesset has passed a law making the death penalty the default sentence for Palestinians convicted of deadly terrorist attacks in Israeli military courts, sparking immediate condemnation from human rights groups, opposition politicians and several European governments.
The bill passed its third and final reading on Monday by 62 votes to 48, with Prime Minister Benjamin Netanyahu among those voting in favour. Under the legislation, Palestinians convicted in military courts of carrying out deadly attacks deemed acts of terrorism would be executed by hanging within 90 days, with a possible postponement of up to 180 days.
While Jewish Israelis could theoretically also face execution under the law, critics note this is almost certainly a formality — the death penalty can only be carried out where the intention of the attack was determined to be the negation of the state of Israel, a threshold that would in practice apply almost exclusively to Palestinians tried in military courts.
The legislation was driven hard by far-right National Security Minister Itamar Ben-Gvir, who celebrated the result on X. “We made history!!! We promised. We delivered.” One of his party members, Limor Son-Har-Melech, who survived an attack in which her husband was killed, argued the law was necessary, pointing to cases where convicted attackers were later released in prisoner exchanges and went on to participate in further violence, including the 7 October 2023 attacks.
Opposition was swift and came from multiple directions. Yair Golan, leader of the Democrats party, dismissed the legislation as political theatre rather than genuine security policy. “The death penalty law for terrorists is an unnecessary piece of legislation designed to get Ben-Gvir more likes,” he said. “It does not contribute one ounce to Israel’s security.”
Four European nations — the UK, France, Germany and Italy — expressed deep concern on the eve of the vote, warning the bill risked undermining Israel’s commitments to democratic principles. The Palestinian Authority condemned it as an attempt to legitimise extrajudicial killing under legislative cover. Hamas called on the international community to ensure the protection of Palestinian prisoners, saying the law threatened their lives.
The Association for Civil Rights in Israel has already filed a petition with the country’s Supreme Court, calling the law unconstitutional, discriminatory by design, and — for West Bank Palestinians — enacted without legal authority. The Supreme Court will now decide whether to hear the challenge.
Israel has executed only two people in its entire history, one of them Adolf Eichmann, the Nazi official who played a central role in the Holocaust.
