JERUSALEM — Israel's parliament, the Knesset, voted overwhelmingly on Monday to approve a controversial law mandating the death penalty for Palestinian terrorists convicted of deadly attacks, a measure championed by far-right National Security Minister Itamar Ben-Gvir. The legislation, which prescribes execution by hanging, passed by a margin of 62-47, drawing sharp condemnation from European leaders and criticism from within Israel's own political spectrum.
The bill, proposed by Ben-Gvir's Otzma Yehudit party, targets those found guilty of terrorism resulting in fatalities. Tzvika Foghel, an Otzma Yehudit lawmaker who chairs the Knesset's National Security Committee and shepherded the measure through the process, described it as a necessary response to years of perceived leniency. "For too many years, we have tried to please the entire world, even when we were being murdered in our streets," Foghel told Fox News Digital. "Since October 7, we have shifted to an offensive approach so that we can dictate the reality in the future."
Foghel emphasized that the law reflects Israel's unique challenges in combating what he called radical Islamic terrorism across multiple fronts, including Gaza, Lebanon, the West Bank—referred to by Israelis as Judea and Samaria—Yemen, and Iran. He likened the punishment to that imposed on Nazi war criminals, stating, "The death penalty for terrorists who burned, raped, mutilated and abused children and parents is the same punishment we established for the Nazis."
The vote comes amid heightened tensions following the October 7, 2023, Hamas-led attack on southern Israel, which killed about 1,200 people and triggered a prolonged military campaign in Gaza. Supporters argue the law will deter future violence by eliminating the prospect of prisoner swaps, a common tactic used by militant groups to secure the release of captured fighters. Likud lawmaker Dan Illouz, who backed the bill, told Fox News Digital that the events of October 7 highlighted the dangers of such exchanges. "The death penalty shatters that equation," Illouz said. "It serves as the ultimate deterrent, ensuring that terrorists know their actions lead only to their own demise, not a negotiated release."
Illouz also praised Prime Minister Benjamin Netanyahu's personal vote in favor, calling it a signal of unity. "Prime Minister Netanyahu's vote in favor was crucial," he added. "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."
Another Likud supporter, lawmaker Amit Halevi, underscored the ideological nature of the crimes targeted by the legislation. "A terrorist commits his crimes as part of an ideology aimed at killing, oppressing and controlling all Jews," Halevi told Fox News Digital. "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." Halevi acknowledged the need for further clarification on what constitutes crimes against the state but described the measure as "a step in the right direction."
Critics, however, decried the law as discriminatory and ineffective. Kaja Kallas, the European Union's High Representative for Foreign Affairs and Security Policy, issued a strong rebuke, noting Israel's historical stance against capital punishment. "The EU has a principled position against the death penalty in all cases and in all circumstances," Kallas said. "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."
Kallas further expressed concern over the bill's potential bias. "The approval of the Death Penalty Bill by the Israeli Parliament marks a grave regression from that practice and from Israel’s own commitments," she added. "We are deeply concerned about the de facto discriminatory character of the Bill." The EU's position aligns with its long-standing opposition to capital punishment worldwide.
Within Israel, opposition leader Yair Lapid, head of the centrist Yesh Atid party and a former prime minister, called the legislation a misguided political maneuver. Speaking at the Knesset on October 13, 2025—though the context suggests a reference to recent debates—Lapid argued that the law fails to address key perpetrators of the October 7 massacre. "This law is not a show of force; it is a sign of panic," Lapid said. "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."
Lapid pointed out a significant limitation: the bill does not apply to Hamas members involved in the October 7 atrocities, many of whom hold different statuses under Israeli law. Israel's use of the death penalty has been exceedingly rare; the only execution in the country's history occurred in 1962, when Adolf Eichmann, a key architect of the Holocaust, was hanged for war crimes. Since then, courts have rarely imposed capital sentences, even as the penalty remains on the books for Nazi-related offenses.
Israeli political commentator Amit Segal offered a nuanced critique in his newsletter, supporting executions for those behind civilian murders, particularly the "monsters of October 7," but warning of the bill's overly broad language. "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 wrote. He suggested an alternative proposal by lawmakers Simcha Rotman and Yulia Malinovsky, which focuses on procedural mechanisms to convict elite Hamas forces known as Nukhba terrorists, potentially paving the way for death penalties in targeted cases.
The legislation's passage occurred during the opening of the Knesset's winter session on Monday evening, a time when lawmakers reconvene to address pressing national issues. Ben-Gvir, a polarizing figure known for his hardline views, has pushed similar tough-on-security measures since joining Netanyahu's coalition government in late 2022. His Otzma Yehudit party, part of the broader right-wing alliance, holds significant sway in the 120-seat Knesset.
Broader context reveals Israel's ongoing struggle with terrorism, including recent incidents like the federal charges against a Michigan synagogue attacker inspired by Hezbollah, who sought to kill as many Jewish people as possible. Analysts have also noted that casualty figures in Gaza often include members of Hamas and other groups posing as civilians, such as medics or media workers, complicating the security landscape.
Looking ahead, the law faces potential legal challenges in Israel's Supreme Court, which has historically curbed expansive security measures. Halevi's call for clearer definitions could lead to amendments, while Segal's endorsement of the Rotman-Malinovsky bill suggests parallel efforts to refine capital punishment applications. Netanyahu's government, meanwhile, continues to navigate international pressure, including EU criticisms and calls from figures like the prime minister himself for revoking Israeli citizenship from Palestinians convicted of violent crimes.
As Israel grapples with the aftermath of October 7 and persistent threats from multiple fronts, this legislation underscores a deepening divide between deterrence advocates and those wary of eroding democratic norms. Whether it withstands judicial scrutiny or influences future policy remains to be seen, but it has already ignited global debate on justice, security, and human rights in one of the world's most volatile regions.