The Israeli cabinet’s recent debate over a proposed death penalty law marks a sharp escalation in punitive measures against Palestinian political prisoners. For the first time, Shin Bet Director David Zini publicly endorsed executions, describing them as “a highly deterrent tool.”
His remarks represented a departure from the agency’s historically cautious position, underscoring how the security establishment is aligning with far‑right political demands.
Security Establishment Positions
Zini argued that executions “would enhance deterrence” even if they provoked retaliatory kidnappings. He emphasized that his support was based on operational considerations rather than political or legal reasoning.
The Israel occupation army, through a representative of the Chief of Staff, conveyed a more measured stance: “the military does not oppose the death penalty but favors discretionary application rather than mandatory sentencing.”
Far‑right National Security Minister Itamar Ben Gvir hailed the proposal as “historic,” claiming “it would deliver justice and prevent further kidnappings.”
Far‑right Finance Minister Bezalel Smotrich added that the law could apply even to “Jewish citizens who commit murder on behalf of hostile actors such as Iran.”
Draft Law Provisions
According to leaked principles circulated via a WhatsApp group linked to the National Security Committee, the law would:
- Apply exclusively to cases involving the killing of Jews.
- Be enacted by a simple majority vote in court.
- Remove judicial discretion and eliminate the right of appeal.
- Require the Israel Prison Service to carry out executions within 90 days, using lethal injection.
Israeli Channel 12 News observed that the bill’s wording and timing suggest its primary purpose is electoral.
Channel 12 noted that the chances of the law surviving review by Israel’s Supreme Court in its current form are minimal.
Political Prisoners and Occupation Context
The individuals targeted by this legislation are overwhelmingly Palestinian political prisoners, detained under military occupation and often tried in military courts that lack internationally recognized fair trial guarantees.
Framing them as criminals obscures political reality: their imprisonment is inseparable from the broader system of occupation, control, and resistance.
Introducing executions in this context would transform political detention into state‑sanctioned killing, intensifying the punitive apparatus of occupation.
International Legal and Humanitarian Concerns
Israel has not carried out executions for ordinary crimes since the hanging of Nazi war criminal Adolf Eichmann in 1962. Current law allows capital punishment only in exceptional cases such as genocide or crimes against humanity.
Expanding it to Palestinian political prisoners would represent a fundamental break with existing legal norms.
International law raises serious obstacles. The Fourth Geneva Convention requires fair trial guarantees for detainees in occupied territories and prohibits discriminatory application of penalties.
A law that applies only to incidents involving Jewish victims would almost certainly be challenged as discriminatory.
The United Nations Human Rights Committee and the European Union have repeatedly condemned the expansion of capital punishment, stressing its incompatibility with modern human rights standards.
Political and Electoral Dimensions
Analysts note that the bill reflects the priorities of far‑right ministers seeking to mobilize electoral support.
By framing executions as a tool of deterrence and justice, proponents aim to channel public anger into political capital.
Critics argue that the measure risks “undermining Israel’s judicial system, eroding international legitimacy, and escalating cycles of violence.”
The ministerial cabinet debate highlights a profound tension between security arguments, political agendas, and international legal obligations.
While the Shin Bet’s endorsement signals a shift in the security establishment’s position, the discriminatory provisions and lack of judicial safeguards place the proposal on a collision course with both Israel’s Supreme Court and international humanitarian law.
More fundamentally, the bill exposes how capital punishment is being weaponized as a political instrument against Palestinian prisoners whose very detention stems from the ongoing occupation.
