The Association for Civil Rights in Israel filed a High Court petition calling for the annulment of the “Death Penalty for Terrorists Law” just hours after it was approved by the Knesset on 30 March 2026 alongside petitions from Zulat Institute, MK Gilad Kariv, and Rabbinic Voice for Human Rights submitted on 6 April 2026. The law was approved despite ongoing efforts by civil society organizations and some members of the opposition in the Knesset to block it.
The law consists of two components: one applying within Israel and the other in the West Bank. It mandates death penalty for perpetrators of lethal terrorist attacks and is formulated in a manner that applies only to non-Jewish and non-Israeli terrorists. Under the law, a resident of the West Bank – excluding Israeli citizens or residents – who intentionally causes the death of a person in an act of terrorism will be subject to the death penalty only, unless a military court determines that special circumstances justify the imposition of life imprisonment instead. The law does not require a unanimous decision by the judges in order to impose the death penalty and does not allow for pardon or mitigation by the IDF commander. The sentence must be carried out within 90 days of a final judgment.
Within Israel, the Penal Law will be amended so that a person who causes the death of another with the intent of denying the existence of the State of Israel, in the context of a terrorist act, will be subject only to the death penalty or life imprisonment. The Nation Security Minister Itamar Ben-Gvir and members of his party (Otzma Yehudit), who initiated the legislation, argue that it will deter terrorist attacks.
The law has sparked strong opposition among many in Israel, including civil society organizations, academics, and professionals in the security and diplomatic community. Opponents argue that the legislation is cruel and violates the rights to life, dignity, and due process, and that its current formulation—drawing a sweeping distinction between Jews and non-Jews—is unacceptable, immoral, and unlawful. Many also contend that the death penalty will not achieve its intended goal and may ultimately increase both the frequency and severity of terrorist attacks.
Capital punishment existed in Israeli law prior to the enactment of this legislation but has been applied only twice. The most recent instance was in 1962. According to assessments by legal experts, the new law is likely to be struck down by the High Court on several grounds, foremost among them the discriminatory nature of imposing different punishments on Jews and Israelis versus those who are not.