'An eye for an eye': Israel’s death penalty law is retaliatory and electorally motivated

Lead

Israel's parliament, the Knesset, has passed a law that would apply the death penalty to Palestinians convicted of deadly acts of terrorism, a measure that has sharply divided opinion both inside the country and abroad. The legislation, approved by a vote of 62-47 (or 62-48, depending on the source), mandates capital punishment for those found guilty of intentionally causing someone's death through an act of terrorism, with execution by hanging.

The law was proposed by Itamar Ben Gvir, Israel's far-right National Security Minister, and his party Otzma Yehudit. Supporters frame it as a necessary response to persistent terrorist attacks, while critics — including human rights organizations, European governments, and Palestinian officials — say it is discriminatory, retaliatory, and politically motivated.

Coverage comparison

Reporting on the law reflects the deep divisions over its contents and intent. Fox News, a U.S.-based conservative outlet, emphasized the law as a legitimate response to terrorism, quoting Israeli lawmakers who argued that Israel must adopt a tougher stance after the October 7 attacks. The outlet reported that the death penalty would be applied by hanging and noted criticism from European countries and an Israeli opposition leader, but its framing was largely supportive of the Israeli government's position.

France 24, a French public broadcaster, took a more critical stance, describing the law as targeting Palestinians exclusively and noting that it exempts Israeli citizens and residents, including settlers in the occupied West Bank. The outlet quoted Ben Gvir celebrating the vote with champagne and a noose-shaped lapel pin, and highlighted condemnations from the United Nations High Commissioner for Human Rights, who called the law a potential war crime.

Both outlets agree on the core facts: the Knesset passed the law, it applies to Palestinians (not Israeli citizens or residents), and it has triggered international criticism. However, they diverge in tone and emphasis, with Fox News focusing on the law's rationale and France 24 highlighting its discriminatory nature and the political motivations of its sponsors.

Key claims

The following claims are drawn from multiple sources, with attribution noted where sources differ.

• The law mandates the death penalty for Palestinians convicted of terrorist acts that cause death. Both Fox News and France 24 report this, with the specific legal definition requiring proof that the act was intended to deny the existence of the State of Israel.

• The law was proposed by Itamar Ben Gvir, the National Security Minister, and his party Otzma Yehudit. This is reported by both sources, with France 24 noting that Limor Son Har Melech and Nissim Vaturi (the latter from Prime Minister Benjamin Netanyahu's Likud party) introduced the bill.

• Execution will be by hanging. Both outlets confirm this detail, with France 24 adding that Ben Gvir wore a noose pin in anticipation of the vote.

• The law applies only to Palestinians, not to Israeli citizens or residents, including settlers. While Fox News does not explicitly mention this exclusion, France 24 reports that the law explicitly excludes Israeli settlers who might kill Palestinians in the occupied West Bank. This is a critical point for critics who argue the law is discriminatory.

• The law has drawn criticism from European countries, the European Union, and an Israeli opposition leader. Fox News quotes Kaja Kallas, the EU's High Representative, stating the EU opposes the death penalty in all cases. France 24 adds that the Council of Europe has threatened to revoke Israel's observer status (a claim not independently verified by other sources).

• Human rights organizations, including Amnesty International, have condemned the law. This claim appears in France 24's reporting, though it is not corroborated by Fox News.

Perspectives

Supporters' viewpoint:

Israeli officials, including Tzvika Foghel, chairman of the Knesset's National Security Committee, argue the law is a necessary shift from containment to an offensive approach against terrorism. Foghel drew parallels to the punishment of Nazis, saying “the same punishment we established for the Nazis” is now appropriate for terrorists who “burned, raped, mutilated and abused children and parents.” Ben Gvir celebrated the vote as historic, vowing to “execute them one by one.”

Critics' viewpoint:

Critics, including Palestinian officials, human rights groups, and European governments, say the law is inherently discriminatory because it targets only Palestinians and exempts Israeli citizens, including settlers who kill Palestinians. France 24 quoted the UN High Commissioner for Human Rights calling the law a potential war crime. The EU's Kaja Kallas reiterated the bloc's principled opposition to the death penalty. Some Israeli opposition leaders also spoke out, warning of the law's retaliatory nature and its potential to inflame tensions.

Analysis of motivation:

Some commentators and critics have suggested the law is electorally motivated, timed to appeal to right-wing voters. France 24's reporting hints at this, while Fox News does not address it. The bill's swift passage and Ben Gvir's public celebration lend weight to the notion that it was as much about political posturing as about policy.

The death penalty has not been carried out in Israel since 1962, and the law's implementation will likely face legal and international challenges. Human rights organizations have vowed to contest the law, and it remains to be seen whether it will ever be applied in practice.