Death Penalty for Terrorists Takes Effect in Judea and Samaria
The order requires military courts to impose the death penalty as the sole sentence for terrorists whose attacks caused a victim’s death, unless the court finds special circumstances that justify life imprisonment instead.
A law requiring the death penalty for Arabs in Judea and Samaria convicted of deadly terrorist attacks came into effect Sunday night, after IDF Central Command chief Maj. Gen. Avi Bluth signed the military order needed to apply the measure in the territory.
The order requires military courts to impose the death penalty as the sole sentence for terrorists whose attacks caused a victim’s death, unless the court finds special circumstances that justify life imprisonment instead.
The measure was passed by the Knesset at the end of March. Defense Minister Israel Katz later asked Bluth to sign the military order applying it in Judea and Samaria, which he did Sunday.
The law has drawn criticism from legal groups and politicians, who argue that it is discriminatory because it applies only in the military court system, where Arabs from Judea and Samaria are tried, and not to Israeli citizens or residents, who are tried in civilian courts.
The law also does not apply to Israeli citizens or residents. One of the conditions for imposing the death penalty is that the attacker acted with the motive of negating the existence of the State of Israel or the authority of the military commander in the area, a condition critics say is likely to apply only to Palestinian terrorists.
Several organizations and politicians have petitioned the High Court of Justice against the law. The court has ordered the state to respond by May 24.
Katz and National Security Minister Itamar Ben Gvir issued a joint statement saying the measure marks a major change in policy after the October 7 massacre.
“This is a clear and sharp change of policy after the October 7 massacre: A terrorist who murders Jews can no longer rely on prisoner exchange deals, prison conditions, or the hope to be released in the future,” they said.
Katz said terrorists who murder Jews “will not sit in prison in pleasant conditions” or wait for future prisoner exchanges, adding that they “will pay the heaviest price.”
Ben Gvir said the signing of the military order fulfilled a campaign promise by his Otzma Yehudit party.
“We promised and we fulfilled,” he said, adding that Israel must not “contain” terrorism but defeat it.
It remains unclear how often the law will result in death sentences. Legal observers have noted that prosecutors may face difficulty proving the required motive in some cases, potentially leaving judges room to impose life imprisonment instead.