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HomeRead, Watch, ListenIsrael
OpinionIsrael

A looming death certificate for the Israel that was

The Knesset is considering a bill that would make the death sentence mandatory for intentional killing by Palestinians, but not by Israelis. If it passes it will mean Israel has turned its back on humanism.
Ben Lynfield
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Israeli soldiers carry the coffin of Yona Efraim Feldbaum, a 37-year-old reservist who was killed in Rafah in the southern Gaza Strip on October 29, 2025, sparking renewed fighting (FADEL SENNA / AFP via Getty Images)

Published: 29 January 2026

Last updated: 29 January 2026

In 1994, leading Israeli poet Yehuda Amichai recited verses about the need for peace: “Let it come/ like wildflowers/Suddenly because the field must have it: Wildpeace,” he said at the Nobel Peace Prize ceremony in Oslo for Yitzhak Rabin, Shimon Peres and Yasser Arafat.

Amichai embodied a strong current of humanism and recognition of the other that traditionally expressed itself in Israeli literature, theatre and film, vying with tendencies toward militarism and nationalist intoxication. Death, for Israeli humanists, was to be caused when there was no other choice, according to an ethos that may have been more rhetorical than actual. But at least this ethos pointed to the possession of a conscience.

Sometime after Benjamin Netanyahu returned to power in 2009 and especially with the passage of the 2018 nation state law, which effectively defined Arabs as second-class citizens, the humanistic side of Israel came under intensified attack. With the far Right’s gains in the 2022 elections, the coalition’s attempt to concentrate power and then the October 7 Hamas atrocities and Israel’s devastating onslaught in Gaza, Israeli humanism became eclipsed. Its cultural manifestations were often depicted by the coalition and its backers as treasonous or undermining the army.

If the bill passes, it will signify the completion of Israel’s crossover into unbridled extremism and Jewish supremacism

Now the coalition is going even further. A new bill it is pushing through the Knesset providing for death by hanging of Palestinians convicted of intentionally killing Israelis (but not Israelis who do that to Palestinians) amounts to a looming death certificate for the Israel that was, with its place for liberal and humanist voices.

If the bill passes, it will signify the completion of Israel’s crossover into unbridled extremism and Jewish supremacism.

According to the bill, the death sentence is mandatory for intentional killing by Palestinians. It would apply even if the military prosecutor does not ask for the death penalty. Their discretion would be  removed, as would other conditions such as the verdict being unanimous or the army chief of staff being able to commute the sentence.

Aim is to deter Palestinian murderers

National Security Minister Itamar Ben-Gvir’s Jewish Power party, a key partner for Benjamin Netanyahu, says the idea is to deter would be Palestinian murderers. This despite the fact that the security establishment’s position has traditionally been that the death penalty does not deter and may even cause terrorism. But the new Shin Bet chief, David Zini, a far-Right appointee of Netanyahu, has given the bill a big boost by breaking with the past and throwing the agency’s support behind the draft legislation.

Between the violence Ben-Gvir embodies, the discarding of checks and restraints, the rejection of the right to life, the Iranian-style hanging and the blatant and lethal racism, there is a sense that Israel may now be taking a definitive step towards becoming a coercive apartheid regime. This must be stopped.

'May God avenge his blood' has become one of the most popular slogans in the country

State attorneys remain opposed to the bill, but their stance counts for little in light of the coalition’s ongoing effort to ignore and disempower them. Even the Supreme Court cannot be counted on —it increasingly shies away from controversy and declines to thwart undemocratic and immoral measures framed as security steps.

According to draft legislation being fast tracked for second and third reading, the death sentence issued by military courts cannot be commuted and must be carried out within 90 days.

“They can’t bear that we are the ones who decide their punishment,” Zvi Fogel, the Jewish Power Knesset member who is chairing deliberations over the bill, boasted to legislators. “The new Nazis don’t deserve to live.”

Tal Steiner, director of the HaMoked human rights group, points to a clear danger of many innocent people being executed. The military courts “are extremely biased, give very few exonerations and lack due process,” she says.

It’s a stunning departure from Israel’s de facto abrogation of the death penalty, which has not been used since the execution of Nazi Holocaust organiser Adolf Eichmann in 1962.

Extrajudicial executions against perpetrators of attacks or those described as posing a threat to soldiers have become increasingly common in recent years, with army statements tellingly describing the Palestinian fatalities as having been “eliminated.”

Still, the bill’s formal sanctioning of already excessive state violence would be even more harmful in its implications for human rights and legality. “Taking people who were captured alive, denying them due process and hanging them would mean a very significant change of the legal regime,” Steiner says.

Silence from opposition

The bill has elicited nothing but silence thus far from the largest opposition party Yesh Atid, which seems to be deferring to the public mood and could be anxious not to appear soft on terrorism.

Unless it is stopped, however, its sheer barbarism stands to underscore a change of Israel to a country whose key values are Jewish supremacism and vengeance. “This is a [proposed] law that enables bloodthirstiness rather than putting the brakes on it,” award-winning novelist Anat Einhar told The Jewish Independent. “If god forbid, this happens and becomes the agenda it will completely alter the climate of society.”

Noting that opposition protesters are already sometimes targeted by police and rightists, Einhar adds: “The moment the dam bursts this could move on to people considered to be traitors. It won’t stop.

“The moment it would go into effect, Palestinian blood will become more permissible to shed, including that of citizens of Israel,” she warns.

In some ways, the bill reflects the political exploitation of base instincts like cruelty and vengeance by the coalition since it took office three years ago. This has gained much more public resonance since the shock of October 7 and during the Gaza war. The deaths of well over 70,000 Palestinians, most of them civilians, was largely ignored by the Israeli media, wary that showing images of Palestinian suffering and death would harm ratings. This amounted to a massive dehumanisation that benefited the far Right.

But vengeance sentiment is also coming from the grass roots. “May God avenge his blood” has become one of the most popular slogans in the country, written on stickers bearing pictures of those who died in battle that are visible everywhere.

Ben-Gvir has been the most effective leader in simultaneously tapping into and stoking these poisonous emotions. This has included boasting about the demolitions of homes of destitute Bedouins, starving Palestinian prisoners under his authority, and even giving out sweets when the Knesset approved the death penalty bill on first reading. He and his party legislators wear pins of gallows on their lapels.

Yet the bill, as it stands, is not by itself enough for Ben-Gvir. He is now calling for the execution of Marwan Barghouthi, the Palestinian leader who has served 23 years in jail after being sentenced to multiple life terms for murder convictions during the second intifada. ‘

Barghouthi, who once was considered a leading supporter of a two-state solution, is seen by some in the international community and on the fading Israeli left as a possible catalyst for peacemaking. Former director-general of the Israeli foreign ministry, Alon Liel recently joined voices in Europe calling for Barghouthi’s release.

Ben-Gvir has other hopes. “Marwan Barghouthi should be taken out,” he declared at a recent meeting of his party, according to the Jewish News Service. Ben-Gvir made a similar statement about Yitzhak Rabin before a Jewish supremacist killed Israel’s prime minister in 1995.

It would be disastrous to give the bill’s proponents a chance to do further damage.

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About the author

Ben Lynfield

Ben Lynfield

Ben Lynfield covered Israeli and Palestinian politics for The Independent and served as Middle Eastern affairs correspondent at The Jerusalem Post. He writes for publications in the region and has contributed to the Christian Science Monitor, Foreign Policy and the New Statesman.

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