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Israel enacts death penalty for anti-Israel terrorists, human rights activists scream racism

The legislation sets death by hanging as the default sentence in Israeli military courts for Palestinians convicted of lethal terrorist activity.

The legislation sets death by hanging as the default sentence in Israeli military courts for Palestinians convicted of lethal terrorist activity.

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Israel’s parliament has passed a new law allowing the execution of individuals convicted of deadly attacks, with the measure expected to primarily apply to Palestinians tried in military courts.

The vote came late Monday after hours of debate, and it moves the country toward broader use of capital punishment, something it has rarely carried out before.

The legislation sets death by hanging as the default sentence in Israeli military courts for Palestinians convicted of lethal terrorist activity. It also allows for the death penalty in civilian courts for killings intended to “negate the existence of the State of Israel,” though legal experts say it is unlikely to be used against Jewish Israeli offenders.

The law does not apply retroactively and leaves those sentenced in military courts without a clear path to a pardon. Judges may make exceptions under unspecified circumstances, but the statute requires executions to be carried out within 180 days, limiting opportunities for appeal or retrial.

Israel has historically used the death penalty sparingly. Only two executions have taken place since the country’s founding: Meir Tobianski in 1948, who was later exonerated, and Adolf Eichmann, a Nazi official executed after his conviction for Holocaust crimes.

The measure comes after the October 7, 2023, Hamas-led attack and the war that followed. Members of Prime Minister Benjamin Netanyahu’s coalition argued the law would deter future attacks and reduce incentives for hostage-taking. “Each time we don’t use the death penalty, we are encouraging the next attempt to take hostages,” said Moshe Saada, a lawmaker involved in drafting the legislation.

Medical authorities in Israel have declined to participate in executions by injection, meaning those sentenced under the law would be executed by hanging. Some lawmakers supporting the bill wore noose-shaped pins during the legislative session.

Critics in Israel and abroad have challenged the measure. “By design, this legislation exclusively targets Palestinians, violating the fundamental principle of equality and prohibition on racial discrimination,” said Suhad Bishara of the legal group Adalah.

Legal experts have also raised concerns about its application. “The intent is clearly for the law to apply to Palestinians and not to Jewish terrorism at all,” said Yoav Sapir, a former public defender.


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