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HomeRead, Watch, ListenIsrael
OpinionIsrael

The country that executed Eichmann would not recognise this Israel

There is a moral chasm between the legal safeguards allowed to the architect of the Holocaust and the treatment of West Bank Palestinians under the new death penalty law.
Ittay Flescher
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Ben Gvir Yosef Burg

Left, Itamar Ben-Gv, the voice of the modern religious right (Yonatan Sindel/ Flash90); Right, Dr Yosef Burg, the conscience of an earlier generation.

Published: 21 April 2026

Last updated: 22 April 2026

There is a name that has hovered over every debate about Israel's new death penalty law, passed last month by a Knesset majority. That name is Adolf Eichmann. 

Eichmann is the only person ever executed by the State of Israel after a civil trial. He was the Nazi architect who organised the deportation of millions of Jews to their deaths, a bureaucrat of genocide who sat in a glass booth in Jerusalem in 1961 and told the world he was just following orders. His hanging in 1962 is the single precedent Israel has ever set for state-sanctioned killing.  

And yet, in all the coverage I have read about Ben Gvir's new law, barely anyone is asking the most obvious question: how does the law that just passed compare to the one under which Eichmann himself was put to death? 

Eichmann was tried under the 1950 Nazis and Nazi Collaborators Punishment Law, legislation built for crimes of the most extreme imaginable magnitude. Genocide. Crimes against humanity and war crimes. Under that law, a death sentence required a unanimous decision from a panel of judges. There was a full right of appeal. After sentencing, Eichmann and his German lawyer Dr. Robert Servatius appealed to the Supreme Court, where Israel's five most senior justices deliberated for months. When the appeal was rejected, Eichmann submitted a personal plea for clemency to President Yitzhak Ben-Zvi, which was then referred to the full cabinet for an extraordinary closed-door meeting in the Knesset. 

The law was invoked once in more than 60 years, because that was the point. The threshold was meant to be almost unreachable. 

Now look at what passed the Knesset last month in a 62-48 vote. Under the 2026 law, death by hanging is the default sentence for West Bank Palestinians convicted of deadly terror attacks in military courts. Judges can substitute life imprisonment, but only under vaguely defined "special circumstances." The death sentence requires only a simple majority of judges, not unanimity. And there is no right to appeal. 

When Israel executed the man who sent millions to the gas chambers, he had the right to appeal all the way to the Supreme Court and to personally petition the president. Under the law the Knesset approved 62-48, a Palestinian in a military court in the West Bank has fewer rights than Adolf Eichmann. 

A life and death debate over Eichmann 

On the afternoon of May 29, 1962, Ben-Gurion convened his ministers in secret to decide whether Eichmann would live or die. 

The cabinet minutes from that extraordinary meeting reveal that most of the cabinet supported Eichmann’s execution.  

Justice Minister Dov Yosef cut straight to the point: other nations execute people without discussion, he said. Nuremberg happened and nobody objected. Why should Israel be different? Yosef Almogi, who had himself been imprisoned in a German camp for four years, was equally clear: "We are facing a symbol. It is true that the punishment isn't enough, but there is no other, harsher punishment." 

Golda Meir worried that showing clemency would be read not as moral seriousness but as weakness. "Commuting the sentence will demonstrate not the superiority of the Jewish people but the inferiority of the Jewish people," she said. She was not bloodthirsty, she insisted, just unwilling to accept a double standard where only Jews were expected to be merciful. 

Two ministers broke with the consensus.  

Finance Minister Levi Eshkol told the cabinet he had caught himself wondering: “What if instead of five minutes on the gallows, Eichmann could live out his days with a mark of Cain on his forehead, shunned by history, dying slowly under the weight of his own name?” 

Eshkol was not arguing for Eichmann's humanity. He was arguing that hanging might actually be less of a punishment than living. 

The other dissenter was Welfare Minister Dr. Yosef Burg, a German-born rabbi who had fled to Palestine in 1939, whose mother and grandmother had died in the camps, who had risked arrest in Berlin to organise underground prayer services after the synagogues were burned. If anyone had the right to call for blood, it was Yosef Burg. Instead, he said this: "The State of Israel has said what it had to say in the trial. It can afford to let the murderer die anew every day." 

He proposed a suspension not a pardon, not a commutation, but a sentence left hanging over Eichmann indefinitely, renewed daily, that the state could enact at the time of its choosing. He did not want Eichmann to go free. He wanted the state to resist the act of killing. 

The vote was eleven to two. Eshkol and Burg stood alone. Ben-Gurion then asked for a second vote, wanting unanimity for the historical record. This time, all thirteen voted to proceed. 

Adolf Eichmann was hanged at midnight on May 31, 1962. 

A changed Israel 

Levi Eshkol became Prime Minister the following year. He led Israel through the momentous 1967 War. Just twelve days after the Six Day War ended, Eshkol's cabinet unanimously passed a resolution offering Egypt and Syria peace treaties based on the prewar international borders, implying a willingness to withdraw from the Sinai and Golan Heights in exchange for peace. The offer was rejected when the Arab League responded with its "Three No's" resolution in Khartoum. Today, the Prime Minister of Israel firmly rejects the notion of returning land Israel occupied in war for peace with the Palestinians. 

Dr Yosef Burg continued to lead the National Religious Party and served as a minister in every Knesset, both left and right, from 1949 to 1987.  Shimon Peres once described him as someone who spent his life trying to build a bridge across the gulf between religious and secular Israelis.  

In 1977,  Burg was chosen to lead peace negotiations with Egypt, the talks that would eventually return the Sinai in exchange for a peace that has held to this day. He supported the land-for-peace deal wholeheartedly. "Historical developments," he said, "are not to be measured with a stopwatch, but with a calendar." 

I read that line and I think about how the National Religious camp is represented politically in 2026. About Bezalel Smotrich, who holds the same portfolio Burg once did. About Itamar Ben Gvir, who would not have been permitted to stand for election during most of Burg's lifetime because of his associations with the Kach movement. These are the inheritors of Burg's political home. They are unrecognisable to it. 

The moral distance 

I am not saying the Eichmann execution was wrong. The cabinet members who voted for it were not cruel people; many of them were people of genuine moral seriousness who had survived horrors I cannot imagine. Even Burg and Eshkol ultimately accepted the outcome. The weight of what Eichmann had done made the argument for execution feel, to most people in that room, simply obvious. 

What I am saying is that even in that case, the most extreme case imaginable, Israel's founders were uncomfortable. They built in unanimity requirements and appeal rights and presidential clemency petitions precisely because they knew that state killing is irreversible, and that power exercised without limitation corrupts.  

Ben-Gurion's government spent an entire afternoon arguing about whether to execute the man who organised the Holocaust. They did not take it lightly. They did not make it easy. 

The 2026 law does. A simple majority. Military courts. No appeal. Death as the default. 

The distance between these two laws is not just a legal technicality. It is a moral distance. It tells us something about who we think we are, and who we are becoming. 

An earlier version of this article described Eichmann as the only person ever executed in Israel. In fact he is the only person executed after a civil trial. Meir Tobianski, convicted of treason by a drumhead court martial during the War of Independence and posthumously exonerated, was executed by the fledgling state in June 1948.

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About the author

Ittay Flescher

Ittay Flescher

Ittay Flescher is the Jerusalem Correspondent for The Jewish Independent. For over twenty years, he has worked as an educator, journalist, and peacebuilder in Melbourne and Jerusalem. His book, The Holy and the Broken: A Cry for Israeli-Palestinian Peace from a Land that Must Be Shared, was longlisted for the 2025 Walkley Book Awards.

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