What’s happened: The Knesset passed the Death Penalty for Terrorists bill into law last night, codifying into law what had been for years a slogan of the far-right. Opposition party Yisrael Beiteinu, an early pioneer of the slogan that even in its days as part of a coalition never seriously advanced the proposal, supported the bill. United Torah Judaism, an ultra-orthodox party inside the coalition, opposed it.
- The law has drawn the ire of liberals in Israel and nearly all of Israel’s allies. It calls for a mandatory death penalty for those convicted of terrorist murder of Israelis.
- The law is not expected to survive challenge in the Israeli Supreme Court, though as the legislation itself is largely understood to be populistic rabble-rousing, this may be the point.
- Among its many weaknesses before judicial review: the distinctions it makes between crimes in the West Bank and inside Israel, the mandatory nature of the penalty (rather than execution being a maximum sentence), and the very fact of bringing a form of civilian law into the West Bank that isn’t limited only to Israeli citizens.
- Nearly every professional body in Israel opposed the legislation. The National Security Council, a body inside the Prime Minister’s Office, warned that aspects of it contradicted international law. The Ministry of Foreign Affairs warned that it could put Israel in violation of treaty commitments. Justice Ministry officials have also noted problematic the application of civilian legislation in the West Bank to non-Israelis (since 1967, an emergency order has allowed Israeli legislation to apply to Israeli settlers living in the West Bank, but the Knesset has largely refrained from legislation that directly applies to the Palestinians).
- As a result, it is highly likely that the Supreme Court will determine that this new law is illegal, which would only add to the ongoing tension between the current government and the court.
- Itamar Ben-Gvir, the politician most associated with the bill, was seen in Knesset opening champagne to celebrate the bill’s passage, an image that rankled many in Israel not just for its poor taste and bad decorum, but also because it later emerged that at the time that was going on, senior officials already knew what the public did not yet know, namely that four IDF soldiers had been killed in combat.


