Last week, on March 25, 2026, a parliamentary committee approved the final version of the “Penal Bill (Amendment – Death Penalty for Terrorists).” The amended bill could go to second and third readings in the Knesset as soon as this week and become law.
Israel retains the death penalty for war crimes; it was abolished in 1954 for ordinary crimes in peacetime, though it technically remains permissible for crimes against humanity, crimes against the Jewish people, and in certain martial-law circumstances. On the rare occasions military courts handed down death sentences for terrorism-related offenses, they were commuted to life imprisonment on appeal.
After the Hamas-led attacks of October 7, 2023, Israeli lawmakers renewed efforts to reintroduce capital punishment for Palestinians convicted by Israeli military and criminal courts. Supporters say harsher penalties are needed in the wake of October 7 and argue public sentiment has shifted. The current far-right government under Prime Minister Benjamin Netanyahu has the votes to pass the bill. Opponents say it is unethical, unconstitutional and racist, effectively discriminating between Jewish Israelis and Palestinians. Critics note the draft would, in practice, apply almost exclusively to Palestinians.
The draft passed its first Knesset reading in November 2025 and was returned to the National Security Committee for revisions; more than 2,000 reservations were filed against it. Since Israel’s founding, only two people have been executed after convictions carrying the death penalty: Meir Tobianski in 1948, later posthumously exonerated, and Adolf Eichmann in 1962 following his trial in Jerusalem.
What the proposed bill does
The amendment lowers the threshold for imposing the death penalty. It declares its purpose to “establish the death penalty for terrorists who carried out murderous terror attacks, as part of the fight against terrorism,” and states that a person who intentionally causes death “with the intent of rejecting the existence of the State of Israel” shall receive either death or life imprisonment, and only one of those penalties.
The bill creates two tracks: criminal courts in Israel and military courts in the Israeli-occupied West Bank. Military courts, which try Palestinians living under military administration, would impose a mandatory death sentence for covered offenses — wording indicates “his sentence shall be death, and this penalty only.” A court could commute the sentence to life imprisonment only if it found “special reasons,” reversing current de facto practice. Decisions would require a simple majority of judges rather than consensus, and appeals would be severely limited.
Israeli rights group B’Tselem noted military courts have about a 96% conviction rate, often based on confessions obtained under duress or torture, raising concerns about wrongful convictions under a mandatory death regime. The Knesset committee’s legal adviser, Ido Ben-Itzhak, criticized the amendment for not providing for pardons, arguing this contradicts international conventions and could create legal complications.
How it would be applied
The bill is not retroactive and would not apply to alleged perpetrators of the October 7 attacks. Separately, lawmakers may bring forward a Tribunals Law to establish a special military tribunal to try and potentially impose capital sentences on those accused of participation in October 7 events.
Under the amendment the Israel Prison Service would be required to carry out executions within 90 days of sentencing. The prime minister could ask the sentencing court to delay execution by up to 180 days. Executions would be by hanging and performed by a prison service corrections officer.
Sponsors and political context
The bill is sponsored by lawmakers from the far-right Jewish Power (Otzma Yehudit) party, with backing from Likud and Yisrael Beitenu members. Itamar Ben Gvir, leader of Jewish Power and minister of national security, has been a vocal proponent, repeatedly campaigning for revival of the death penalty and using it as a populist issue. After the committee vote he called the bill “the most important law the Knesset has enacted in recent years,” saying it would be fully implemented. Critics say the push is tied to upcoming elections.
During Ben Gvir’s tenure, Israeli human rights groups such as Physicians for Human Rights reported a sharp rise in abuse and torture in Israeli prisons and military detention centers. HaMoked, an Israeli rights NGO, reported at least 94 Palestinian detainees and prisoners died in Israeli custody from the start of the war until August 2025.
Opposition and international concern
The bill has drawn criticism from Israeli opposition lawmakers, security officials, rabbis, doctors, and Israeli and Palestinian human rights organizations. Ramallah-based lawyer Sahar Francis called it “very dangerous,” saying it would be discriminatory and violate international humanitarian law because it targets occupied people. Israeli opposition lawmaker Gilad Kariv described the measure as “miserable, crude, immoral and irrational” and warned it could harm prospects for hostages.
B’Tselem executive director Yuli Novak said the bill marks a new low in dehumanizing Palestinians and risks enshrining cruel treatment in law. In February, UN Human Rights Council experts urged Israel to withdraw a draft proposing a mandatory death penalty for terrorist acts, saying it would violate the right to life and discriminate against Palestinians in occupied territory. The European Union also expressed deep concern, reiterating its opposition to capital punishment in all circumstances.
Edited by: Helen Whittle