Israeli Parliament Advances Death Penalty and Media Legislation
The Israeli parliament, the Knesset, has approved the first reading of two legislative proposals. One bill seeks to establish the death penalty for individuals convicted of terrorism against the state, while the second aims to grant the government authority to close foreign media outlets without requiring court approval.
Death Penalty Bill Advances
The proposed death penalty bill passed its initial reading with 39 votes in favor and 16 against. The legislation requires two additional readings before it can become law. According to the bill's text, a terrorist convicted of murder motivated by racism or public hatred, and whose act was committed with the intent to harm the State of Israel or the rebirth of the Jewish nation, would be subject to the death penalty. This specific phrasing is anticipated to result in its application primarily to Palestinians convicted of deadly attacks.
National Security Minister Itamar Ben-Gvir, whose Jewish Power party sponsored the bill, commented after the vote, "After the law is finally passed - terrorists will only be released to hell."
In Israel, the death penalty has been imposed twice since 1948, most recently in 1962 following the trial of Nazi war criminal Adolf Eichmann. The Knesset's National Security Committee, which endorsed an amendment to the penal code, stated the bill's objective is to "nip terrorism in the bud and create a weighty deterrent."
Context and Reactions
The Palestinian Authority's foreign ministry characterized the proposed law as "a new form of escalating Israeli extremism and criminality against the Palestinian people."
Minister Ben-Gvir has consistently advocated for the death penalty bill. Previously, some Israeli political and security leaders had voiced concerns that such a measure could complicate efforts to secure the release of Israeli hostages held in Gaza. This concern reportedly diminished following the return of hostages during a recent ceasefire. Ben-Gvir was among the ministers who voted against the ceasefire agreement, which facilitated the release of approximately 2,000 Palestinian prisoners in exchange for 20 Israeli hostages.
Limor Son Har-Melech, a Jewish Power member and a sponsor of the bill, stated, "A dead terrorist does not get released alive." She described how her husband was killed in a 2003 attack in the occupied West Bank, and one of the convicted perpetrators was later released in an exchange deal for an Israeli soldier. She further asserted that this individual subsequently commanded another deadly attack and participated in the October 7, 2023, attacks, before being killed during the Gaza conflict.
Potential Retroactive Application and Tribunal
Palestinian human rights organizations have expressed concerns that if enacted, the bill could be applied retroactively. They suggested this might affect "hundreds of Palestinian detainees from the Al-Qassam Brigades' elite forces who were arrested on or after 7 October."
Israel's justice minister has indicated intentions to introduce legislation for a special criminal tribunal to prosecute Gazans accused of involvement in the October 7, 2023, attacks. These proceedings could potentially lead to death sentences for those convicted. The October 7 attacks resulted in approximately 1,200 fatalities in southern Israel. The subsequent conflict in Gaza has led to over 69,000 reported fatalities, according to the Hamas-run health ministry.
Foreign Media Closure Bill
During the same Knesset session, a separate bill that would enable the Israeli government to close foreign media outlets without judicial oversight passed its first reading by a vote of 50 in favor to 41 against. This legislation aims to make permanent a temporary order previously utilized to close the Qatari-owned news channel Al Jazeera in May 2024. Government legal advisers have voiced opposition to this bill.