JERUSALEM: Israel’s Parliament, the Knesset, on Monday passed a law mandating the death penalty for Palestinian terrorists convicted of deadly acts of terrorism, sparking anger from European countries and an Israeli opposition leader.
Lawmakers voted 62-47 in favor of far-right National Security Minister Itamar Ben Gvir’s legislation to prescribe the death penalty by hanging. Ben Gvir and his party, Otzma Yehudit, proposed the measure.
Otzma Yehudit lawmaker Tzvika Foghel, who chairs the National Security Committee and advanced the bill through the committee under his leadership, told Fox News Digital that Israelis are fed up with policies of containment and compromise.
"For too many years, we have tried to please the entire world, even when we were being murdered in our streets. Since October 7, we have shifted to an offensive approach so that we can dictate the reality in the future," he said.
Foghel said the death penalty for terrorists is part of a broader shift in Israel, driven by the recognition that no other country faces a reality in confronting radical Islamic terrorism in Gaza, Lebanon, Judea and Samaria (the West Bank), as well as in Yemen and Iran.
"The death penalty for terrorists who burned, raped, mutilated and abused children and parents is the same punishment we established for the Nazis," he said.
Kaja Kallas, the European Union’s High Representative for Foreign Affairs and Security Policy, said, "The EU has a principled position against the death penalty in all cases and in all circumstances. Israel had long upheld a de facto moratorium on both executions and capital punishment sentencing, thereby leading by example in the region despite a complex security environment."
She added, "The approval of the Death Penalty Bill by the Israeli Parliament marks a grave regression from that practice and from Israel’s own commitments. We are deeply concerned about the de facto discriminatory character of the Bill."
Israel has applied the death penalty only once in the state’s history for the Nazi mass murderer Adolf Eichmann in 1962. The death penalty exists on the books in Israel, but Israeli courts have limited latitude to apply execution to cases beyond penalties for Nazi war criminals.
Former Prime Minister and current leader of the centrist Yesh Atid party, Yair Lapid said the legislation is fundamentally flawed because it does not apply to Hamas terrorists involved in the Oct. 7, 2023 massacre that killed 1,200 people.
"This law is not a show of force; it is a sign of panic. This law is more extreme than anything in the United States, and they know it will get struck down by the law. It isn’t a law for justice or for deterrence, it is a law for public relations," he added.
Likud lawmaker Dan Illouz, a supporter of the legislation, told Fox News Digital that the events of Oct. 7 underscored, in his view, the need to prevent terrorists from viewing the kidnapping of civilians as a viable means of securing the release of imprisoned militants.
"The death penalty shatters that equation. It serves as the ultimate deterrent, ensuring that terrorists know their actions lead only to their own demise, not a negotiated release. We are a life-loving nation, but to protect life, we must deal decisively with those who seek to destroy it," he said.
"Prime Minister Netanyahu's vote in favor was crucial. It projects an unmistakable message of strength and moral clarity from the very top of Israel's leadership. By personally casting his vote, the Prime Minister showed our enemies, and the entire world, that our government is completely united and unyielding in our resolve to eradicate terrorism and defend our citizens," he added.
The Israeli Channel 12 political commentator, Amit Segal, wrote that he supports "executing terrorists who attempt to murder civilians — especially the monsters of October 7," but was critical of Ben Gvir’s legislation.
He wrote in his newsletter, "The law defines terrorism as acts ‘to negate the existence of the state,’ a definition that could apply to groups such as extremist Haredi factions and violent members of the ‘Hilltop Youth’ (which Ben-Gvir supports.)
Segal said that "while Ben-Gvir’s law is essentially a campaign stunt, a more responsible law is making its way through the system. Proposed by MKs Simcha Rotman and Yulia Malinovsky, the law establishes the practical mechanisms — procedural and evidentiary — to secure convictions of Nukhba terrorists, after which the death penalty could be imposed."
Another Likud lawmaker, Amit Halevi, told Fox News Digital that the central element of the legislation is the distinction between criminal offenses and crimes against the state or against humanity.
"A terrorist commits his crimes as part of an ideology aimed at killing, oppressing and controlling all Jews. These terrorists, if they could, would kill every one of us. They are ideological murderers, in a different category from ordinary criminals, and that is a critical point of the bill," he said.
Halevi added that further efforts are needed to clearly delineate crimes against the state, including what falls within that category and what does not.
"Generally speaking, this legislation is a step in the right direction. Much of the criticism I hear relates to ordinary criminals. People do not understand the enemy — who he is and what this war is about," he said.
