The National Security Committee, headed by MK Zvika Fogel, approved today (Monday) for first reading the death penalty bill for terrorists.
The bill states: "A terrorist who murders an Israeli citizen out of a motive of racism or hostility towards the public, with the aim of harming the State of Israel and the resurrection of the Jewish people in its land - is sentenced to death, and this punishment alone.".
In addition, the proposal changes the law so that the death penalty can be imposed in a military court by a simple majority of the judges, and not unanimously, and it will not be possible to commute the sentence of someone who has been sentenced to death in a final verdict.
In a confidential discussion held in the committee, a change in the position of the security establishment was noted. For the first time, representatives of the Shin Bet and other security officials expressed support in principle for advancing the law, in contrast to previous positions that clearly opposed it.
Security officials who participated in the discussion noted that room should be left for a judge's discretion in the matter of imposing the death penalty on terrorists.
The Coordinator of the Prisoners of War and Missing Persons, Brigadier General (res.) Gal Hirsch, also expressed support for the law for the first time, after previously opposing it due to considerations related to the safety of the kidnapped, and noted Prime Minister Netanyahu's support for the law.
""In the past, I opposed the law because of the danger to the hostages in Gaza. Because all the hostages returned alive, the reality changed and I spoke with the Prime Minister and he is in favor of the law.".
Hirsch added: "I see the law as a tool for dealing with terrorism. The coordinator of prisoners and missing persons will have the option of going to court and submitting a confidential report to the judge before the death penalty is passed on the terrorists.".
In contrast, National Security Minister Itamar Ben-Gvir, who initiated the bill, expressed strong opposition to leaving judicial discretion. "There will be no discretion in this law. This is my position, this is my perception, this is the perception of the proposer of the law, this is the perception of all of us - and I will also explain why and how I see things.
""The moment you give discretion, then you actually don't understand that everything here has changed: the perception has changed. And it was said here, by the professional figures in the confidential discussion - everyone admits that a death penalty law for terrorists can deter. I won't elaborate further on what was said; what was said there - was said there. The moment you give discretion, you harm the deterrent effect.
""I want this law to be a deterrent, I want their motivation to kidnap to be gone. And as soon as every terrorist who murders knows that he is subject to the death penalty law - there will be no doubts here, no reflections here, no desires here to maybe kidnap again to influence one sentence or another. There will be none.".
""Therefore, this is my position. And the position of the proposer of the law as well. This is a very, very clear position: There must be no discretion, this should be a mandatory punishment. And this punishment embodies the change in perception - the security of the State of Israel. Every terrorist should know, every terrorist should know, that when they go to murder a child, a girl, a boy, a young man, an old man, an old woman, a man or a woman - they should know that they are expected to face one punishment: the death penalty.
"Those who murdered, raped and kidnapped our sons and daughters do not deserve to see the light of day and their sentence should be death. After the prison reform that I led and the policy of the minimum of the minimum for terrorists, it is time to take another step in deterrence. A death penalty law is not only a moral and just step, but also critical to the security of the state. It is a first-class deterrent tool that will instill in the hearts of terrorists the clear knowledge - the blood of Israeli citizens is not in vain. This is how we fight terror, this is how we create deterrence.".
MK Limor Son Har-Malech, the initiator of the bill: “The leader of the squad that murdered the people of Shuli Yad and wounded me, was released in the Shalit deal, and returned to command the squad that murdered Malachi Rosenfeld. He went on to be a senior commander in the Hamas battalion in Rafah and participated in the October 7 massacre and was eliminated when it was too late.
""Additional murderers from the cell were released in the latest deal. This reality screams: A dead terrorist does not return to harm. He does not get out of prison, is not released in deals, and does not become a danger to our people again. The death penalty for terrorists is also a deterrent. It sends a clear message that those who murder Jews will not be satisfied with being imprisoned, but will pay with their lives. It is also moral justice. It is forbidden for those who murdered women and children to sit in prison, receive a television and an academic degree, while the bereaved families finance his maintenance with their taxes."
MK Zvika Fogel, Chairwoman of the National Security Committee: "This is a historic moment – whoever came to murder Jews out of hatred for the State of Israel, may his blood be on his own head. There will be no more hotels for terrorists, no more release deals. This is a first and significant step towards creating true deterrence and justice for the victims."
The bill will go to the plenary for a vote on first reading.
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