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Knesset committee advances death penalty bill for final votes

Under the proposed law, terrorist murderers would face execution by hanging.

Police Minister Itamar Ben-Gvir has been the driving force behind a bill mandating the death penalty for convicted terrorist murderers. Photo by Yonatan Sindel/Flash90
Police Minister Itamar Ben-Gvir has been the driving force behind a bill mandating the death penalty for convicted terrorist murderers. Photo by Yonatan Sindel/Flash90

(JNS) The Knesset National Security Committee on Tuesday cleared a bill mandating either the death penalty or life imprisonment for terrorists for its final votes in the Knesset plenum.

Knesset bills require three votes, or readings, by the Knesset plenum to become law. The death penalty bill passed its first reading on Nov. 10 by a vote of 39 to 16. It was then sent to committee for further debate. With the committee’s work completed, the bill is now transferred back to the Knesset plenum for its final two votes.

There have been several attempts to pass death penalty for terrorists bills over the years. This one stands out for being the first to advance this far in the legislative process, reflecting a hardening of attitudes in Israel after the Oct. 7, 2023, terrorist invasion by Hamas.

MK Limor Son Har-Melech of the Otzma Yehudit Party, whose first husband died in a terrorist attack during the Second Intifada in August 2003, sponsored the bill.

“Anyone who embarks on the path of murder and killing of Jews has one religion—death,” she said, describing the bill as “Jewish and moral.” She thanked Otzma Yehudit Party Chairman Itamar Ben-Gvir for making the bill a priority. She said the draft law was thoroughly vetted via the legislative process and it would be difficult for opponents to thwart it.

Under the initial text of the proposed law, terrorists faced a mandatory death sentence with no room for judicial discretion. However, after pressure from opposition members and the Prime Minister’s Office, the bill was revised to give judges the option of imposing a sentence of life imprisonment.

The bill’s wording now reads: “Whoever intentionally causes the death of a person with the intention of harming a citizen or resident of Israel, with the aim of denying the existence of the State of Israel, shall be sentenced to death or life imprisonment, and one of these punishments only.”

The bill also applies to terrorists facing a military court in Judea and Samaria.

If a death sentence is passed, it is to be carried out within 90 days by hanging. A prison guard will carry out the execution.

The legislation provides for the prime minister to postpone an execution if he finds there are special reasons for doing so, provided that the total period doesn’t exceed 180 days.

Ben-Gvir, the minister of national security, said, “We are in a period of historic opportunities and great successes. The Death Penalty Law for Terrorists is the most important bill that the Knesset has enacted in recent years and it is intended to protect our children. This law is intended to make our enemies think a thousand times before they choose to harm the citizens of the State of Israel. Anyone who votes in favor of the bill is a partner in making history. With God’s help, we will pass this law in full and kill our enemies.”

Knesset member Gilad Kariv of The Democrats Party expressed his opposition, accusing the government of being in thrall to “Ben-Gvir’s pathetic, crude and immoral election campaign. This is an extreme bill that does not exist in any country in the democratic world, with serious moral flaws and also has serious security flaws.”

However, the bill drew support from another member of the opposition, Oded Forer of the Yisrael Beiteinu Party. “I very much hope to see Prime Minister Netanyahu appear in the Knesset plenum to vote on this law and not rely on the votes of some of the opposition members who will support it,” he said.

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