Israel has used the death penalty only twice in its history, the last time more than 60 years ago, when Nazi war criminal Adolf Eichmann was hanged for his role in the Holocaust. Now, in the aftermath of the Hamas-led attacks of 7 October 2023 — the deadliest day in Israel’s history — the country is deeply divided over a proposal to bring capital punishment back into law.
The controversial bill, backed by far-right lawmakers, would allow the death penalty for Palestinians convicted in Israeli courts of fatal “terrorist” attacks. Supporters argue it would strengthen deterrence and prevent future hostage-taking, while critics warn it represents a dangerous and discriminatory shift in Israel’s legal system.
“It’s another brick in the wall of our defence,” says Zvika Fogel, chair of the Knesset’s national security committee and a member of the far-right Jewish Power party. “Bringing in the death penalty is the most moral, the most Jewish and the most decent thing.”
Human rights organisations strongly disagree, calling the proposal “one of the most extreme legislative initiatives in Israel’s history.” They argue it is unethical and racially targeted, as it would apply only to Palestinians and not to Jewish Israelis.
The bill has sparked heated debates in parliament, with rabbis, lawyers, doctors and security officials giving testimony. Families who lost loved ones during the 7 October attacks and the subsequent Gaza war have spoken both for and against the proposal.
Bereaved mother Dr Valentina Gusak supports the bill, saying deterrence is its core purpose. She told lawmakers that capital punishment could save lives, describing it as “preventive treatment.”
“It’s a vaccine against the next murder,” she said, holding up a photo of her 21-year-old daughter Margarita, who was killed while fleeing the Nova music festival in 2023.
Although Israel’s legal framework technically allows the death penalty for certain crimes, it has never been carried out since Eichmann’s execution. Previous death sentences handed down by military courts were all commuted to life imprisonment on appeal.
Opponents argue the risks are too great. They cite Jewish law, ethical concerns, the possibility of wrongful executions, and international legal obligations. Israeli rights groups also warn the bill would deepen inequality by applying only to Palestinians convicted of killing Israelis, not Israelis who kill Palestinians.
“The fact that we are even revisiting this idea is itself a low point,” says Tal Steiner, executive director of the Israeli NGO HaMoked. “This law is racially designed. Its motivation is clear.”
Under the draft legislation, mandatory death sentences would be imposed by Israeli military courts, which exclusively try Palestinians from the occupied West Bank. After an automatic appeal, executions would be carried out within 90 days. Civilian courts could also impose the death penalty, though it would not be compulsory.
Security officials previously opposed similar proposals, arguing they would inflame tensions and fail to deter violence. Many attackers are already killed during assaults by Israeli security forces or armed civilians.
Jewish Power insists the situation has changed. After threatening to leave the governing coalition, the party pushed the bill through its first parliamentary reading last November, passing by 39 votes to 16. Party members celebrated publicly, even wearing noose-shaped lapel pins to signal support.
Supporters say the law would eliminate prisoner exchanges by ensuring convicted attackers cannot be released in future deals. Critics counter that it feeds anger and revenge rather than justice.
Arab-Israeli lawmaker Aida Touma-Suleiman, from the opposition Hadash party, warns against legislating out of rage.
“You cannot run courts and laws based on revenge,” she says, adding that the bill violates international law and is likely to be struck down by Israel’s Supreme Court if passed.
Still, she argues the proposal serves a political purpose for far-right parties seeking to weaken judicial oversight ahead of elections.
As Israel moves closer to a possible return of capital punishment — a path most countries have abandoned — the debate exposes a profound divide over justice, security, and the moral direction of the state.
