The Knesset plenum approved today (Monday) in second and third reading the death penalty bill for terrorists.
The law, led by the Minister of National Security, MK Itamar Ben-Gvir, states that any terrorist who intentionally causes the death of a person as part of an act of terrorism is punishable by death.
The bill, led by MKs Limor Son Har-Malach, Nissim Vaturi and a group of MKs, passed with a majority of 62 supporters against 48 opponents and one abstention, after all the opposition's reservations were rejected.
Prime Minister Benjamin Netanyahu voted in favor of the law, along with MKs from the Yisrael Beitenu faction. Shas MKs, led by Aryeh Deri, also voted in favor. On the other hand, MK Benny Gantz along with members of the Degel Hatorah faction voted against. Noam chairman MK Avi Maoz was not present. MK Meir Porush abstained, while MKs Yitzhak Goldknopf and Yaakov Tesler were absent - which sparked outrage in the Chabad movement.
The law was promoted by the National Security Committee, headed by MK Zvika Fogel, as part of the effort to strengthen deterrence and expand the State of Israel's toolbox in the fight against terrorism.
The law states:
The wording of the law transforms the death penalty from a theoretical option into an applied punishment tool, while creating a distinction between regions. In Judea and Samaria, the death penalty will be the 'default' for murder offenses under terrorist circumstances. Unanimous consent of the judges will not be required (unlike the current situation), and there will be no possibility of pardon or commutation of the sentence by the commander-in-chief.
Within the Green Line, the court can only impose the death penalty or life imprisonment on someone who intentionally causes the death of a person with the aim of harming the state.
The Minister of Defense will be able to determine whether a terrorist from Judea and Samaria will be tried in a military or civilian court. The person sentenced to death will be held in a separate wing, and the sentence will be carried out within 90 days after an automatic appeal.
It should be noted that military courts currently have a clause that allows for the death penalty, but it is conditional on the unanimous consent of the judges and its execution by shooting.
Although the death penalty appears in the Israeli law book under the offenses of treason, waging war and aiding the enemy, the legal system has refrained from using it for decades. Since the establishment of the state, only one person has been executed by virtue of a civilian verdict - Nazi war criminal Adolf Eichmann in June 1962.
The law has now entered the statute book of the State of Israel, and will become an important deterrent tool.
During the preliminary debate in the plenary, the chairwoman of the National Security Committee, MK Zvika Fogel, presented the law as an essential tool in the current war. "The State of Israel is facing unparalleled evil and hatred," said Fogel.
Minister of National Security, Itamar Ben-Gvir, said after the law was approved: “We have lived and maintained and reached this time. We promised - and we kept it. The State of Israel is changing the rules of the game today: Those who murder Jews - will not continue to breathe and enjoy conditions in prison. This is a day of justice for the murdered, a day of deterrence for enemies. No more revolving door for terrorists - but a clear decision. Those who choose terror - choose death. Those who believe are not afraid. The people of Israel live!”
National Security Committee Chair MK Zvika Fogel: The law approved today in the plenary is not a law of revenge or rage, but a law of a state's responsibility toward its citizens. In a reality where the State of Israel is dealing with murderous terror, our responsibility is clear, to protect the citizens of Israel, not with slogans but with actions. The bill adds a deterrent tool to the State of Israel's toolbox and sends a clear message: Anyone who chooses the path of terror to murder innocent Jews is sentenced to death. I thank the Minister of National Security for leading the law and my colleague MK Limor Son Har-Malech for her initiative. We promised and we kept our promise.
Deputy Speaker of the Knesset MK Limor Son Har Melech: The law we passed today in second and third reading is a historic law, which marks a clear change of direction in the fight against terrorism.
No more a cycle of murder, imprisonment, and release in deals – but an unequivocal statement: Those who choose to murder Jews for being Jews lose their right to live. This is a message of justice, deterrence, and national responsibility.
This is also true Jewish morality – one that is not satisfied with momentary salvation, but requires ensuring that evil will not harm again. As Queen Esther taught us, there are moments when evil must be defeated to the end.
"For me, this is a personal and special moment – precisely from my place as a woman who paid the price of terrorism, as someone who lost the most precious thing to her, I took it upon myself to do everything to prevent the next murder, and today we took an important step in that direction. This is the day the State of Israel chose life.".
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