Israel is closer than ever before to introducing the death penalty for terrorists. Since 1948, only two people have been executed in the Jewish state via judicial process: IDF officer Meir Tobianski, who was falsely accused of espionage and executed in 1948 (he was posthumously exonerated less than a year later); and Nazi Adolf Eichmann in 1962.
So, why the change? And what does the bill actually say?
According to the bill, “a terrorist who is convicted of murder out of motives of racism or hostility toward the public, and under circumstances in which the act was carried out with the intention of harming the State of Israel and the rebirth of the Jewish people in its land, shall be sentenced to death.”
But the legislation goes one step further: the death sentence for these cases will be mandatory. Judicial discretion will not an option.
For now, the bill has a key target: Hamas’ Nukhba commandos, who led the October 7 massacre.
Ok, but why is this needed? First, I’ll go through the rationale behind the legislation itself, and then I’ll look at its specific timing.
The goal here is simple: if Palestinian terrorists who murdered Israelis are executed after being convicted, then there’s no concern that they’ll be released later on in a deal with Hamas or another terror group, only to once again pose a threat to the Jewish state and its citizens.
But it goes beyond just that. For years, Palestinian terrorists have known that even if they’re caught and sent to jail, they can hope to be released in a future deal. But if that is no longer an option, and the only future awaiting them is execution, then the hope is that it will deter some would-be terrorists.
As for the timing, it had previously attracted opposition on the basis that it endangered the hostages.
In September, Prisoners and Missing Persons Coordinator Gal Hirsch told the Knesset’s National Security Committee: “We still have 48 hostages to recover. This discussion does not help us. We must examine this under a magnifying glass while our brothers’ lives are at risk. This is not my usual approach in committee work, but I must fulfill the mission of returning the hostages. That is why I came here to oppose the committee’s position.”
But now, with no living hostages left in Gaza, the tables have turned, with Hirsch telling the committee last week that Benjamin Netanyahu supports the bill, and that Hirsch’s previous concerns have “become irrelevant.”
So, the bill is now guaranteed to pass? Nobody can know for sure. Either way, Israeli decision makers now face a dilemma. On one hand, it’s impossible to oppose a push to prevent the future release of terrorists with Jewish blood on their hands. But do Israelis really want to send hundreds of people to their deaths?
It’s far from a nice choice to make, but as Israelis are well aware, in the Middle East, making nice decisions is a luxury that they can rarely afford.