Death penalty for terrorists. Part I: will this do it?

Let's look at the bills going through the Knesset today and see if they are satisfactory.

From the earliest days of the modern State of Israel, Israel had a mandatory death penalty for murder. It was partially rescinded in 1954. Today, the public and many Knesset members (MKs) are calling for a law to reinstate the death penalty — for murderous terrorists. There are those among the public who oppose that. In this two-part essay, I discuss death penalty legislation under the following sections:

PART I:

1. History of death penalty legislation in previous Knesset terms (i.e., up to and including the last Knesset term; i.e., up to and including the 24th Knesset)

2. Nature of the bills before the Knesset today; i.e., the 25th Knesset

PART II:

1. Domestic issues concerning the death penalty

2. International issues concerning the death penalty

3. My concluding remarks

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For those who are unfamiliar with how laws are passed in Israel, this article will tell you all you need to know.

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History of death penalty legislation in Israel

Thankfully, for both you, the reader, and me, the writer, as opposed to other legislative issues I have covered, the list of bill proposals is very short. Where I link to bills, they are in Hebrew only.

1954 (2nd Knesset) - Called, Death Penalty Cancellation Law, the first line reads: “There will be no death penalty in the State.” Murder and treason will be punishable by a life sentence. From that moment on, crimes that would have merited a life sentence when there was a death sentence on the books received a maximum sentence of 20 years.

In spite of saying there will be no death penalty in Israel, at times of emergency (war, intifada), criminals found guilty of treason, harming state sovereignty, helping the enemy, causing war, and perpetrating genocide could still be sentenced to death.

The following bills were tabled (set before the Knesset) but not debated in the Knesset plenum unless otherwise specified. Only one made it past the preliminary reading into the committee for preparation for the first reading but it did not advance from there.

1991 (12th Knesset) - Uriel Lynn, 89, Likud MK 1984-1992, proposed a bill that would reinstate the death penalty for murder accompanied by torture or abduction, serial killings, and multiple victim murder incidents. He cited the growing incidence of murder, such as the killing of the child Oron Yarden (1980), the serial killing in Yaffa (1991), the bus 405 attack (1989), and more.

1994 (13th Knesset) - David Mena, 71, Likud MK 1992-96, 2006, proposed a bill that would reinstate the death penalty but only for those who killed a minor.

2004 (16th Knesset) - Aryeh Eldad, 74, National Union 2003-2012, proposed a bill to reinstate the death penalty for those who planned a murderous terror attack or were involved in some aspect of carrying it out since, obviously, the suicide bomber would not be deterred by the thought of a death sentence.

2004 (16) - Ayoub Kara, 69, Druze Likud MK between 1999 and 2021, proposed a bill to reinstate the death penalty for anyone who murders a senior public figure because of his or her public position (such as Yitzhak Rabin or Judge Adi Azar).

2005 (16) - Eti Livni, 76, Roni Brizon, 80, Reshef Hen, 56, all MKs for Shinui 2003-2006 together proposed cancelling existing death penalties even for treason and helping the enemy during war, leaving the death penalty on the books only for the anti-genocide and Nazi war crimes laws. That same year, they also proposed cancelling the death penalty the military law statutes as well.

2009 (18th Knesset) - Carmel Shama-Hacohen, 51, Likud 2009-13 / Moshe Matalon, 71, Yisrael Beitenu 2009-13 / Aryeh Bibi, 81, Kadima 2009-13 / Aryeh Eldad (see above) together proposed that judges choose between either a death sentence or a life sentence without parole for murderers of children under the age of 13.

2015 (20th Knesset) - Sharon Gal, 50, Yisrael Beitenu, 2015 / Orli Levi-Abacassis, 51, Yisrael Beitenu, Independent, Gesher, Likud 2009-2022 / Hamad Amar, 60, Druze Yisrael Beitenu MK 2009-2022, now minister in government / Robert Ilatov, 53, Yisrael Beitenu 2006 to present / Betzalel Smotrich, 44, Jewish Home, Yamina, Religious Zionism 2000-2023 currently minister / Oren Hazan, 43, Likud 2015-19 together proposed an amendment that would allow the death penalty for terrorists convicted for murder. This bill was removed from the table.

2015 (20) - a few months later the exact same bill was tabled, this time adding that it should serve not only as a deterence to terrorism but also prevent having anyone to trade in exchange for hostages. Sharon Gal is not on this bill; Avigdor Liberman, 67, Oded Forer, 47, and Sopha Landver, 75, of Yisrael Beitenu were added.

2017 (20) - Oren Hazan resubmitted the exact same bill as that on which he is listed above with Sharon Gal.

2018 (20) - Nava Boker, 54, Likud 2015-19 / Yoav Kisch, 56, Likud 2015-23, now minister / David Bitan, 64, Likud 2015 to the present submitted together a bill seeking the death sentence for terrorists convicted of murder committed outside of emergency situations and not only during war or intifada.

2018 (20) - Robert Ilatov, Oded Forer, and Yulia Maliovsky, 49, Yisrael Beitenu 2016 to the present resubmitted the earlier law calling for the death sentence for terrorists. This one passed the preliminary reading and made it to the committee for preparation for the first reading.

This is getting repetitive so let me cut this even shorter by saying that other groups of Likud MKs, with one including a Shas MK tabled one bill in 2019 (22nd Knesset), two in 2020 (23rd Knesset), and six in the 24th Knesset — five in 2021 and one in 2022. They are mostly identical to each other.

Bills before the 25th Knesset

Seven bills were tabled for preliminary readings in the current Knesset term (in the years 2022 (two), 2023 (four) and 2024 (one)); six of these are identical and two of them passed the preliminary reading and are in committee in preparation for the first reading in the Knesset plenum. I do not understand why MKs submit the identical bill separately and do not just all put their names collectively on a single proposal. When I get an answer to that, I’ll add it.

A pretty standard approach

One of these two bills in committee was submitted by five of the six members of Yisrael Beitenu and the other by Limor Son Har-Melech, 40, of Otzma Yehudit MK since 2022 (Ben Gvir’s party). Both bills (and the other four identical ones) provide the following rationale:

• There are increasing instances of terrorist attacks that aim to undermine the existence of the Jewish state.

• Following each attack, security services repeat the mantra, “the long arm of the State of Israel will bring the murderers to justice.” But in reality, the murderers enjoy prison conditions that are equivalent to “all-inclusive” vacation resorts, they receive salaries from the Palestinian Authority (pay-to-slay), and most are eventually released in so-called “hostage deals.”

• This proposal seeks to end all of that; terrorists convicted of murder committed with intent to harm the State and the Jewish People will receive a death sentence that is mandatory and not optional.

• A guilty verdict of a simple majority of judges is sufficient to apply the death sentence; i.e., a unanimous decision is unnecessary.

• The judgement is final.

Something a little different

Interestingly, Osher Shekalim, 50, Likud MK since 2023, had an original suggestion. He writes:

Over the years, we are witness to enemy strategy that seeks to harm our sovereignty and security by means of abductions of civilians and soldiers. This strategy hurts Israeli societal resilience, sovereignty and security. In addition, this strategy allows our enemies to compel the State of Israel to enter negotiations for the exchange of imprisoned murderers for hostages. Such abductions….violate international law and the Geneva Convention and constitute crimes against humanity.

This proposal attempts to create a deterrent against abductions. We propose that, in addition to life sentences, the court can sentence terrorists convicted of murder with conditional death sentences whereby the death sentence comes into force if a terror organization requests their release, such as in a hostage exchange. [emphasis added]

I see some logic in Shekalim’s proposal but apparently none of the MKs saw any sense in it. It has not proceeded to preliminary reading and movement into committee.

Is that it?

You may be surprised by the bare bones of all of the two bills in committee — there is no mention of method of execution, for example, or restrictions, extenuating circumstances, location, who is present, nothing. But that is because details such as these will be raised in committee, debated ad nauseum, and either agreed upon or rejected. Perhaps Shekalim’s idea will arise here and will be debated as a potential addition to the bills under discussion.

If the amended and detailed bill passes the first reading in the Knesset plenum, it will go back to committee for final polishing details and preparation for second and third readings after which it becomes law if it receives sufficient votes.

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