For years, there was a broad consensus in Israel that there was no benefit to reintroducing the death penalty. But now, Prime Minister Benjamin Netanyahu’s government is reportedly considering supporting a bill which would bring back capital punishment for convicted terrorists.
The bill, which has passed its first reading in the Knesset, would introduce the death penalty for those who murder Jews – specifically, Palestinian terrorists. It would not apply to Jews who commit acts of terrorism and murder Palestinians. And it would not apply if Israeli Arabs, who are full citizens, are murdered.
The bill, which has passed its first reading in the Knesset, would introduce the death penalty for those who murder Jews – specifically, Palestinian terrorists
The bill is being promoted by Itamar Ben-Gvir, the minister of national security, who in 2007 was convicted of incitement to racism for chanting ‘Death to Arabs’. Since becoming a minister more than three years ago, he has moderated his language and now urges his supporters to chant ‘Death to terrorists’ instead.
The bill has also been backed by the Shin Bet, Israel’s security service, which for the first time has said it supports the death penalty in principle. Six weeks ago David Zini, its new chief, was appointed after being nominated by Netanyahu.
In the death penalty bill’s draft presented by Zvika Fogel (of Ben-Gvir’s Jewish Power party), it states that the death sentence would be carried out within 90 days, with no possibility of appeal, for ‘anyone who murders a Jew solely because they are Jewish – including those who planned or dispatched the attack.’ It also specifies that ‘the execution will be carried out by the prison service through lethal injection.’
If passed, it would not be the first time Israel has had the death penalty. From the establishment of the State of Israel in 1948 until 1954, it was in force under the British Mandate’s 1936 Criminal Ordinance. During those six years, courts issued death sentences to several murderers – both Arabs and Jews – and to a Jewish Kapo accused of crimes against humanity during the Holocaust. But state presidents Chaim Weizmann and Yitzhak Ben-Zvi, who opposed the death penalty on moral grounds, pardoned every one of those convicted and commuted their sentences to life imprisonment.
The only exception was IDF major Meir Tobianski, who, during the war of independence, was hastily and unjustly convicted for treason and spying for Britain and executed by firing squad in the Jerusalem hills. Months later, in 1949, military advocate general Aharon Hoter-Yishai ordered a review of the case and ultimately recommended that the conviction be annulled. Tobianski’s name was cleared, his rank was restored and an apology was made to his widow and son.
In 1954, the Knesset abolished the death penalty altogether for murder. The debates were not partisan, and the arguments for abolition were rooted in Jewish tradition – that human beings are created in the image of God, and only a divine decree can take away that right to life – as well as universal moral principles and the fact that capital punishment does not deter crime.
Although the death penalty was abolished for ordinary murder, Israeli law still permits it in rare cases: treason, treason during wartime, crimes against humanity, crimes against the Jewish people (such as Nazis), or extremely severe wartime offences. In the occupied territories, where military law often applies, there are also provisions that permit death sentences for severe security offences.
Over the years, military courts have occasionally handed down death sentences to terrorists, but these were always overturned and commuted to life imprisonment. The only civil death sentence ever carried out in Israel was for Adolf Eichmann, the Nazi official who was responsible for implementing the Final Solution.
For years, there were occasional calls – mostly from right-wing politicians – to impose the death penalty on terrorists in particularly heinous cases. But most parties in Israel, along with human rights organisations, strongly opposed it on security, moral, and practical grounds – as well as concerns about Israel’s international image.
The Shin Bet also always opposed it. Over the years, various internal discussions took place within the agency, always concluding that the death penalty would not deter potential terrorists. The arguments against the death penalty were particularly well articulated by the late Yitzhak Ilan, former deputy director of the Shin Bet. In conversations I had with him, and in documents he wrote, he explained that the only possible justification for the death penalty would be deterrence. But based on his 31 years of fighting terrorism, ‘the disadvantages far outweigh any potential deterrent effect.’
He noted that between sentencing and execution, terrorist organisations would likely attempt to carry out kidnappings or bargaining attacks to prevent executions – just as the Jewish underground groups did under British rule. ‘In such a case,’ Ilan emphasised, ‘we would suffer a double loss: instead of a terrorist sitting in prison for life, he might be released as part of a deal triggered by the death sentence.’
Ilan also warned that executions could lead to revenge attacks by terror groups or even by the condemned person’s relatives. In addition, wanted terrorists would refuse to surrender, choosing to fight to the death – putting security forces at greater risk. And perhaps most significantly, those sentenced to death would become martyrs and role models. ‘Islamic culture glorifies martyrs’, he said, ‘and those who face execution would quickly become revered cultural heroes’. In Israel today, public streets, parks, and institutions are named after members of the underground organisations executed by the British.
The Shin Bet strongly denies that its change of position is tied to Zini’s appointment, claiming that its stance was formed independently by professional officials over a long period, influenced by the horrendous acts of murder, rape and burning by Hamas on 7 October 2023, and by the fact that Hamas no longer holds any live hostages. The Shin Bet has stated that although it supports the death penalty in principle, it opposes its automatic and blanket application. In other words, it believes each case must be evaluated individually. This approach sharply contrasts with the demands of Ben-Gvir and his allies, who want courts to apply the law automatically, without judicial discretion.
There is still a long way to go before the bill passes its second and third readings. But given Israel’s security situation and with the 2026 elections approaching, Netanyahu appears more willing to advance the bill than ever before. Some reports suggest he tried to halt the passage of the bill behind the scenes. But the legislation is gaining momentum – and if passed, could reshape Israeli society forever.
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