The decades-long debate over whether terrorists should receive the death penalty just got a lot more heated.
On March 30, 2026, the Israeli Knesset passed a highly controversial new law that would make death by hanging the default punishment for individuals convicted of terrorism. In a controversial move, lawmakers voted 62-55 in favor of the measure.
In its nearly 80 year history, Israel has only executed two people: Meir Tobiansky, an Israel Defense Forces officer accused of treason during the Israeli War of Independence, but was posthumously pardoned by Israel, and Adolf Eichmann, a key organizer of the Holocaust. While Israel abolished the death penalty in 1954 for ordinary crimes, the only exceptions it applied to was for genocide and treason during wartime.
This marks a massive shift in Israel’s defensive strategies and legal system.
The law, spearheaded by far-right National Security Minister Itamar Ben-Gvir, applies to individuals who intentionally cause the death of an Israeli citizen or resident with the intent to “negate the existence of the State of Israel.”
The law has two sections, applying to Israel and the West Bank. The West Bank section applies to Palestinians who kill out of nationalistic motivation, while the Israeli section applies to anyone who commits murder with the intent of rejecting Israel’s right to exist.
The death penalty is now the default sentence for Palestinians in the West Bank. It does not apply to the October 7, 2023 attacks, as those suspects are expected to face trial under a separate “Tribunal Law” that is currently pending. While Civilian Courts have more discretion to choose between death and life imprisonment, Military Courts can only commute death sentences to life imprisonment for “special reasons.”
It also requires executions to be carried out within 90 days of sentencing, and Military Courts can impose the death penalty by a simple majority (⅔) vote, rather than a previously required unanimous decision. The law also revokes the right to seek a pardon or clemency.
Of course, this doesn’t come without controversy. Critics and international bodies such as the United Nations and European Union have condemned the law as “discriminatory,” arguing it primarily targets Palestinians and violates international human rights standards. Despite the 30-day effective deadline, the law faces a legal battle at the hands of the Supreme Court of Israel. Critics argue that, because Israel never annexed the West Bank, the Knesset cannot enact such a law and that the aspect applying to Israelis is unconstitutional.
Several human rights organizations and other groups have already filed petitions to block the law from taking effect.
“I don’t see the law being allowed to stand by the Supreme Court in the way it’s currently drafted,” said Israel Daily News Analyst Benyamin Moalem.
The Israeli opposition party Yisrael Beiteinu, led by Avigdor Liebermann, has been a proponent for the death penalty for terrorists for a long time. His party voted alongside Israeli Prime Minister Benjamin Netanyahu in favor of the bill.
“The proponents of the law are claiming that the Shin Bet said that this would be a deterrent to terrorists, meaning if a terrorist knows he could be sentenced to death and not just shot at during the commission of the attack, they might be deterred from committing the attack. Those opposed to it say that the government should not be putting people to death, but also that this law is “a little bit too cavalier” in allowing for the capital punishment and limiting the right to appeal in certain situations and not requiring a unanimous vote amongst the judges will inhibit the rights of the defendants in this case.” He continued.
He also stressed the concern that the new law could lead to an increase in terror attacks and potential hostage situations.
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