Israel Death Penalty Debate Heats Up Over Hamas Attacks
Israel is facing a renewed debate over the death penalty following the Hamas-led attacks on 7 October 2023, the deadliest day in the country’s history. Lawmakers are pushing a controversial bill that would allow capital punishment for Palestinians convicted of fatal terrorist acts, reigniting tensions over ethics, legality, and human rights.
The proposal has divided the country. Far-right lawmakers argue the measure is a moral and necessary step to deter future attacks. Zvika Fogel, chair of the parliamentary national security committee, described it as “the most moral, the most Jewish, and the most decent” solution for preventing violence.
Human rights groups, however, condemn the legislation as racially discriminatory. They argue it targets only Palestinians and ignores the potential for injustice, including the execution of innocent people. Tal Steiner, executive director of Israeli NGO HaMoked, described the bill as “a low point” in Israeli legal history.
Families affected by the October 2023 attacks have expressed mixed views. Some, like Dr Valentina Gusak, whose daughter was killed in the Nova music festival assault, support the death penalty as a deterrent, calling it a “vaccine against the next murder.” Others warn that revenge-driven laws undermine justice and violate both Jewish law and international human rights norms.
Israel has rarely used capital punishment. The most notable case was the 1960 execution of Adolf Eichmann, a Nazi war criminal. Military courts have previously handed down death sentences to terrorists, but these were often reduced to life imprisonment upon appeal.
The new legislation would make death sentences mandatory in military courts for Palestinians convicted of deadly attacks, with executions carried out within 90 days after a compulsory appeal. In civilian courts, capital punishment could also be applied but would not be mandatory.
Critics argue that the law could deepen societal divisions. Arab-Israeli lawmakers warn that targeting Palestinians exclusively risks racialized justice. Supporters insist it will prevent hostage-taking and terrorist acts, arguing that current policies fail to deter future attacks.
Jewish Power, the far-right party behind the bill, has linked the legislation to national security concerns. The party also advocates for stricter military tribunals to prosecute Hamas fighters accused of war crimes and crimes against humanity.
Human rights organizations and the United Nations have expressed concern over Israel’s trajectory. Reports indicate that hundreds of Palestinian security detainees have died under current policies, and allegations of widespread mistreatment have risen since 2023. Israel denies these claims.
The debate highlights a broader tension in Israel between security imperatives and human rights obligations. While most countries worldwide have abolished capital punishment, Israel is considering steps in the opposite direction, raising both domestic and international scrutiny.
