The law, championed by National Security Minister Itamar Ben-Gvir, comes as Israel hardens policies following the October 7, 2023 Hamas attacks. If passed, it would mark Israel’s first use of capital punishment since 1962, ending a seven-decade moratorium on executions.

Limited Legal Framework Since 1954

Israel abolished the death penalty for ordinary crimes in 1954, retaining it only for war crimes, treason, and Nazi collaboration under the 1950 Nazis and Nazi Collaborators Punishment Law.

The last execution occurred in 1962, when Nazi official Adolf Eichmann was hanged. Military courts in the occupied West Bank, however, have preserved the theoretical power to impose death sentences for “security offenses” under Military Order No. 1651, though none have been carried out since 1967.

Knesset Advances New Legislation

A preliminary Knesset vote in March 2023 passed the bill 55–9, mandating the death penalty for Palestinians convicted of “nationalistically motivated murder of an Israeli.” On September 29 and November 3, 2025, the Knesset Security Committee endorsed it for full debate, with Prime Minister Benjamin Netanyahu’s reported backing.

The proposal lowers conviction thresholds in military courts to a simple majority, bypassing the current requirement for unanimous rulings.

Critics Warn of Discrimination and Torture

Human rights groups, including Amnesty International, Adalah, and Human Rights Watch, call the bill a “racially based track” applying solely to Palestinians.

They cite 99.7% conviction rates in military courts and over 100 post-October 2023 torture complaints, warning the law could legitimize executions based on coerced confessions.

The United Nations labeled the initiative “a retrogressive step” that violates the International Covenant on Civil and Political Rights and the Geneva Conventions.

Political Rationale and Domestic Debate

Ben-Gvir framed the proposal as a deterrent: “If even a single hair of a hostage falls, there will be a death sentence.”

Critics, including hostage families, argue it endangers captives and risks escalation in Gaza.

Successive Israeli attorneys general have historically opposed executions, citing no proven deterrent effect and fears of creating martyrs.

Comparative Context in Palestinian Jurisdictions

The Palestinian Authority (PA) and Hamas also retain capital punishment under domestic law.

The PA requires presidential approval—none since 2005—while Hamas executed at least 23 people since 2007, mainly for collaboration with Israel. Rights monitors describe both systems as opaque and prone to extrajudicial practices.