The Reintroduction of the Death Penalty in Israel: A Critical Assessment

This essay addresses the normative implications of the Death Penalty for Terrorists Law, recently adopted by the Israeli Knesset. We warn of the moral and legal stain that would attach to Israel should the law remain on the books—let alone be applied—both for its expansion of capital punishment in general and, in particular, its draconian and discriminatory elements.

Our analysis integrates moral, historical, and legal approaches to conclude that Israel’s new death penalty law for terrorists is an unfortunate development, emblematic of the polarization and populism now driving its political culture more broadly. We argue that the Law contravenes Israeli history, moral identity, constitutional law, and international legal commitments, and call for it to be either repealed or struck down as soon as possible.