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HomeRead, Watch, ListenIsrael
AnalysisIsrael

‘The only execution law in modern history against one ethnic group’

As Israel's death penalty sparks global condemnation, there is the prospect that executions of Palestinians will trigger greater violence rather than be a deterrent.
Ben Lynfield
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Israel Supreme Court

Published: 3 April 2026

Last updated: 3 April 2026

With Israel’s passage of a law specifying hanging as the punishment for murder of Israelis by Palestinians, bitter consequences loom on both sides of the Green Line.

Inside Israel, the law’s passage promises to fuel the governing coalition’s anti-democratic drive to eliminate checks on its power. At the same time, the law is already further escalating tensions among Palestinians in the occupied West Bank.

Touted by Far-right National Security Minister Itamar Ben-Gvir as a deterrent to Palestinian attacks, the law stipulates death by hanging for terrorists who kill “out of an intention to negate the existence of the state of Israel”. That wording will exclude from execution Jewish terrorists who murder Palestinians during burgeoning settler violence or under other circumstances.

The idea is that only Palestinians get hung.

While hanging is the default punishment, the court is permitted to apply life imprisonment to Palestinians if there are “special circumstances.” But these are not specified.

Although the IDF carries out extrajudicial killings of those it defines as security threats, judicial executions have been shunned since Nazi holocaust mastermind Adolf Eichman was hung in 1962. Israel used to take pride in this record.

Now there is a sense that the law’s passage is accelerating the society’s moral deterioration. “One of the tests of a cultured society is that it doesn’t hang people,” said Salim Brake, a political scientist at the Open University.

“It’s a slippery slope,” he added. “It starts with Palestinians and then it could be other enemies at home,” Brake said.

Talya Sasson, former director of the New Israel Fund, said the law tramples on Israel’s declaration of independence which projects that the state will express just values and equality while being a country for the Jewish people. She said one danger is that the death penalty law will be a law that shapes the values of Israeli youth.

Sasson, a former senior attorney in the justice department, says the law accompanies heightened moves by the coalition to dispossess Palestinians in the West Bank and comes amid plans to effectively strip the powers of the attorney general whose role is to be a vital check against abuses by the prime minister and cabinet.

Netanyahu voted in favour

Ben-Gvir and others uncorked bottles of champagne after the law, co-sponsored by his Jewish Power party and Benjamin Netanyahu’s Likud, passed by a 62-48 majority with one abstention on Tuesday.

Netanyahu cast his vote in favour, driving home that there is little difference between him and Ben-Gvir or between Jewish Power and Likud, now a hornet’s nest of fanatic nationalists and Jewish supremacists.

Both men had good reason to celebrate, though the Association for Civil Rights in Israel is mounting a challenge in the Supreme Court.

For Ben-Gvir, gaining passage of the law consolidates his position as Israel’s leading power broker after Netanyahu. He has stacked the police with his loyalists and is using his position to intimidate and suppress dissent, even opening an “incitement branch” of the police overseen by a close associate. It is an astonishing advance for a convicted terrorist who was shunned for much of his career as an extremist.  

Acting in Ben-Gvir’s spirit, police violently broke up a small demonstration against the law on Wednesday, with well-known photographer Menachem Kahana taken to hospital with head injuries incurred after being felled by a police water cannon. It was a fitting start for a law that implies approval for more violence by the coalition’s supporters and security forces.

It’s win-win for Ben-Gvir. Entrenchment or overturning the law will both help him in advance of elections expected to take place in October or November. This is because even if the court strikes it down - which is by no means certain - Ben-Gvir still can draw voters by posing as the most uncompromising opponent of terrorism and by populist stoking of hatred against the Supreme Court.

The law is clearly aimed at bringing out darker aspects of human nature in order to accumulate political power. These include revenge, hatred of the other and bloodlust. “Those who seek to annihilate our people will no longer find refuge behind prison bars,” Ben Gvir vowed in a press release for foreign journalists. He claimed that “Israel remains a robust democracy, deeply committed to the rule of law and to its independent judicial system.”

Foreign Minister Gidon Saar sought to propagate the same falsehood amid concerns the European Union could reevaluate scientific and academic cooperation with Israel.

Brake, the political scientist, believes that Netanyahu would actually prefer that the Court strike down the law. “He’s waiting for it to be struck down so that he can attack the legal system by saying it supports terrorism and harms Israel’s security. The average mass of people will see the legal system as the enemy of the people. This is the great danger, this is the fascist view that Netanyahu and Ben-Gvir are leading.”

Law turns Israel in to 'criminal state'

In the view of Hassan Jabareen, director of Adalah, the Haifa-based Legal Center for the Rights of the Arab Minority in Israel, it is even worse than that. The new law, he alleges, turns Israel into a “criminal state”.

“This law is the only [execution] law in modern history designated against one ethnic group, one nationality. The death penalty law in the US during slavery was designated against whites and blacks and in Iran against every Iranian. In Saudi Arabia against every Saudi.

“This is the only such law in the world designated against one ethnic group, the Palestinians. This is why we can’t call it the death penalty law, but rather the law against Palestinians.

“International criminal law says crimes of apartheid are crimes against humanity so this law is a crime against humanity.” Jabareen added.

The law immediately enflamed passions in the West Bank, prompting a general strike on Wednesday.” Palestinians are outraged,” said Issa Amr, a non-violent activist in Hebron.

“Innocent people will be executed because military court is a kangaroo trial in a kangaroo court,” he added. “It’s not about justice.”

Palestinian political analyst Jehad Harb told The Jewish Independent by phone from Ramallah that executions will trigger greater violence rather than be a deterrent. “Historically, those who fell in confrontation with Israel are heroes.”

He noted that three Palestinians executed by the British during the mandate became “symbols of the resistance”.

“Execution will be a turning point that turns a person into a hero for giving his life to the cause for which Palestinians are struggling and will make his name everlasting in Palestinian culture and narrative,” Harb said.

“Any execution by the court will motivate more violent confrontations with the Israeli occupation.”

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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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