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Did Israel get the death penalty right?

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31.03.2026

Yesterday, the Knesset passed legislation mandating the death penalty for Palestinians convicted of deadly acts of terrorism in military courts. The vote passed 62-47 after nearly twelve hours of intense debate.

The law mandates death by hanging as the default sentence, to be carried out within 90 days of sentencing, with no right of appeal. A simple judicial majority – rather than the unanimity previously required – is now sufficient to kill a convicted terrorist. It takes effect immediately, and does not apply retrospectively (meaning those responsible for the massacres of 7 October are now covered).

Without minutes of passing, the Association for Civil Rights in Israel filed a petition with the Supreme Court challenging it as ‘discriminatory by design.’

Yahya Sinwar was freed in the 2011 Gilad Shalit prisoner exchange after more than two decades in an Israeli prison for the murder of two Israeli soldiers. Sinwar returned to Gaza and rose to lead Hamas.

Shin Bet data indicate that approximately half of those released in the Shalit deal resumed terrorist activity; among those convicted of murder, the figure was approximately 80%. The law includes an explicit provision that bars the government from releasing or exchanging anyone sentenced to death.

‘This is a day of justice for the victims and a day of deterrence for our enemies. No more revolving door for terrorists, but a clear decision. Whoever chooses terrorism chooses death,’ said a triumphant Ben Gvir, wearing the golden noose-shaped lapel pin he and other advocates of the measure have worn for months to illustrate their drive for the death penalty.

It is also worth remembering who wrote this law: MK Limor Son Har-Melech, whose husband was murdered in a 2003 terrorist attack, was its primary sponsor. She wept on the Knesset floor when it passed: ‘This is a day on which the State of Israel chose life.’

This is a human reality that sits at the centre of the debate, and any........

© The Times of Israel (Blogs)