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HomeRead, Watch, ListenIsrael
NewsIsrael

Australian Jewish groups criticise Israel’s new death penalty law

New legislation effectively imposes death penalty on West Bank Palestinians convicted of murdering Israelis but not vice-versa.
Michael Visontay
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Ben Gvir AAP

Israel’s Minister of National Security, Itamar Ben-Gvir, centre, celebrates after the Knesset passed a law approving the death penalty for Palestinians convicted of murdering Israelis (Itay Cohen/AP/AAP)

Published: 1 April 2026

Last updated: 1 April 2026

Australia’s leading Jewish advocacy bodies have spoken out against the discriminatory character of Israel’s new death penalty law, with the Executive Council of Australian Jewry (ECAJ) all but calling on the Australian government to oppose it.

The legislation, which was passed this week by the Knesset, effectively applies the death penalty to West Bank Palestinians convicted of murdering Israelis but not vice-versa. Under the bill, there is no requirement for a unanimous verdict, no pardon provision, and executions must be carried out within 90 days of sentence confirmation.

“The Act applies differential standards based on nationality alone. This falls well short of the principle of equal justice,” ECAJ said in a statement.

“Australia has a proud and consistent record of opposing the death penalty in all circumstances, for all people,” ECAJ added, which made clear its sentiment while stopping just short of urging the government to act.

The Zionist Federation of Australia (ZFA) also strongly criticised the discriminatory application of the law. “This legislation creates parallel legal tracks that apply different standards depending on the nationality of the accused,” ZFA posted on social media.

Israel's own Attorney-General opposes law

“That is not our characterisation alone. Israel’s own Attorney-General’s office, its security establishment and its Foreign Ministry raised objections to the bill. These were not the voices of Israel’s critics. They were the voices of Israel’s institutions.

“Jewish law and tradition insist on the equal worth of every human life as a reflection of the divine image.”

The Australia Israel and Jewish Affairs Council (AIJAC) voiced similar concerns. "The legislation stipulating capital punishment for Palestinian terrorists represents a grave and troubling departure from the values, norms and legal traditions that have long guided liberal democracies, including Israel. We therefore have strong reservations about this legislation," AIJAC Executive Director Colin Rubenstein said in a statement.

"It is clear Israelis are looking for ways to reduce both the incentive for groups like Hamas to take hostages... Nonetheless, AIJAC believes this bill is not the answer, and we have profound concerns about its troubling and problematic moral, legal and practical implications,” he concluded.

ECAJ noted the absence of natural justice in the law. “The law provides very limited judicial discretion in cases heard by military courts. There is no requirement for a unanimous verdict, no pardon provision, and executions must be carried out within 90 days of sentence confirmation.”

It also expressed scepticsm at the deterrence impact of the law, which was one of the arguments cited by its proponents. “There is no empirical evidence that the death penalty is a uniquely effective deterrent to terrorism, and there is no reason to believe it would deter followers of a death cult.”

Governments and human rights around the world have criticised the bill, which was sponsored and promoted by the far-right Otzma Yehudit party, led by Itamar Ben-Gvir.

ECAJ directly criticised Ben-Gvir’s campaign: “this legislation represents a troubling departure from the principles that have guided Israeli law and Jewish tradition. We trust that Israel’s Supreme Court will carefully scrutinise this legislation.”

ZFA joined ECAJ in hoping that Israel’s Supreme Court will strike the law down. “This legislation is now before the Israeli Supreme Court. We have confidence in the independence of Israel’s judiciary to examine this law against the values on which the state was founded.”

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About the author

Michael Visontay

Michael Visontay

Michael Visontay is Commissioning Editor of TJI and was Editor-in-Chief from 2017-22. Michael is a former Assistant Editor of The Sydney Morning Herald and columnist with The Australian Jewish News. He has written six books, including Who Gave You Permission? with Manny Waks, and Welcome to Wanderland: Western Sydney Wanderers and the Pride of the West. His most recent book is Noble Fragments: the Maverick who broke up the world's greatest book (Scribe, 2024).

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Comments2

  • Avatar of Joseph Silver

    Joseph Silver13 April at 12:24 pm

    Israel faces a uniquely challenging reality:
    For over a century, even before its establishment, Israel has been the target of
    continuous, brutal, and escalating terrorism. No other country confronts a threat of
    such sustained intensity and scale.
    Existing punitive measures have proven insufficient as a deterrent. Life
    imprisonment is not always final. Many terrorists do not serve their full sentences
    and are often released by prisoner exchanges, which in turn incentivizes further
    terrorism and abductions.
    This phenomenon reached an unprecedented peak on October 7, marked by a
    mass, systematic, and exceptionally brutal massacre. The most severe of its kind
    since the Holocaust. Targeting women, children, and infants including mass
    abduction of families from their homes and kidnapping of bodies.
    ·These acts are part of a broader strategy aimed at constraining Israel’s ability to
    exercise its right of self-defense against Gaza and Hamas, by leveraging hostages
    as a means of deterrence.
    Israel must take action to break this cycle of atrocities and eliminate the incentives
    for acts of terror, murder, and the abduction of civilians. This forms the basis for the
    proposed legislation.

  • Avatar of Karl Reed

    Karl Reed1 April at 01:50 pm

    I am a Jew.. I oppose the Israeli actions in Gaza and beyond as immoral, illegal and a threat to the long-term existence of Israel.
    This step-creating separate laws based upon ethnicity and religion-is outrageous and smacks of what has been reported in Nazi Germany under the Third Reich.. not even they had separate crime with death penalties only for Jews. Thanks to the Australian Jewish bodies that are speaking out.