Israel Approves Death Penalty Law For Terror Convicts

Israel Approves Death Penalty Law For Terror Convicts

Why in the News ?

Israel’s Parliament (Knesset) has passed a controversial Death Penalty for Terrorists Bill, mandating capital punishment for certain terror offences. The move marks a significant shift in Israel’s security policy, triggering domestic debate and international concern. Legal experts have noted that unlike environmental jurisprudence where the precautionary principle and polluter pays principle guide decision-making, this legislation prioritizes immediate security concerns over long-term humanitarian considerations.

Key Provisions of the New Law:

• Mandates death penalty (by hanging) for those convicted of premeditated terrorist killings.
• Defines terrorism as acts intended to harm Israel or negate its existence.
• Allows sentencing by a simple majority (2:1) of judges, unlike earlier requirement of unanimity.
• Limits powers of military commanders to commute or pardon sentences, with execution within 90 days of final ruling.
• Primarily applies to Palestinians tried in military courts, though theoretically applicable to all. Critics argue this represents a form of ex post facto legal framework that raises concerns about retrospective application.

Debate, Concerns and Global Reactions

• Supported by right-wing parties and PM Benjamin Netanyahu, citing need for deterrence and justice.
• Argument: prevents release of convicted terrorists through prisoner exchange deals.
• Opposition from leaders like Yair Lapid and security agencies like Shin Bet, warning of:

○   Creation of martyrs, increasing radicalisation

○   Risk of retaliatory kidnappings and violence

• European Union and UN experts criticised the law for going against the global trend of abolition of capital punishment, emphasizing principles of environmental democracy and human rights that promote a pollution free environment of violence and state-sanctioned executions.
• Hamas warned of escalation, calling it a “red line”.