Israel’s Knesset passes first reading of death penalty bill for “nationalistic” killings

Israel’s Knesset voted on 10 November 2025 to approve the first reading of a bill allowing courts to impose the death penalty on individuals convicted of “nationalistically motivated” killings.

The measure, tabled by Itamar Ben-Gvir’s Otzma Yehudit party and backed by Prime Minister Benjamin Netanyahu, passed 39 votes to 16.

The proposed law would make the death sentence mandatory in cases where the killing was committed out of “racist or nationalistic motives” with intent to harm the State of Israel or “the national revival of the Jewish people in their land.”

It further allows military and civilian courts to impose death sentences by simple majority, removing the current requirement for unanimous judicial consent and barring future commutation of the penalty.

Ben-Gvir hailed the result as a “historic victory for justice,” claiming the law would “deter terrorists” and protect Israeli citizens.

Viral video sparks backlash

Shortly after the vote, a video went viral showing Ben-Gvir handing out sweets to coalition members inside the Knesset chamber in apparent celebration of the bill’s passage. The footage, widely circulated on social media, drew fierce criticism from opposition lawmakers and human-rights advocates.

Opposition leader Yair Lapid condemned the gesture as “a grotesque display of triumphalism,” adding that “no civilised democracy celebrates death sentences.” Merav Michaeli of the Labour Party called it “a disgraceful symbol of the government’s moral collapse.”

The rights group B’Tselem said the video “captures the government’s chilling normalisation of vengeance,” accusing Ben-Gvir of “turning human life into a political trophy.” Ben-Gvir’s office later defended the act, saying it was a “symbolic gesture to honour victims of terror.”

Legal and ethical concerns

Human-rights organisations and legal experts have raised alarm over the breadth and discriminatory implications of the proposed legislation. The Al Mezan Center for Human Rights, based in Gaza, warned that the bill would “legalise state execution of Palestinians under occupation,” noting that almost all those accused of “nationalistic killings” in Israeli courts are Palestinian.

Legal analysts said the language of the bill — referencing hostility to “the national revival of the Jewish people” — effectively defines such crimes through an ethno-political lens, excluding cases where Jewish perpetrators kill Palestinians. “It creates a two-tier system of justice,” said Dr. Shira Shafir, a criminal law scholar at Tel Aviv University. “The law’s language is not neutral — it’s structured to target one group.”

The Israeli Bar Association also criticised the bill for lowering evidentiary thresholds. Currently, death sentences can be imposed only by unanimous judicial decision; under the new proposal, a simple majority of judges would suffice, even in cases based on circumstantial evidence.

“This is a dangerous precedent,” said former Supreme Court Justice Dalia Dorner, who noted that capital cases often rely on intelligence-based evidence that may not be fully disclosed to the defence. “The combination of nationalistic bias, military jurisdiction, and weakened judicial oversight poses a severe threat to due process.”

In military courts, which prosecute most Palestinian defendants, concerns are even more acute. According to HaMoked, an Israeli legal-aid organisation, military trials often occur with limited defence access, translation barriers, and restricted appeal options. Human-rights observers warn that introducing the death penalty into such a system could lead to wrongful executions without independent review.

The Israeli human-rights organisation Yesh Din said in a statement that the law “undermines the rule of law itself.” It added that the move represents “a weaponisation of the justice system to advance nationalist politics.”

International law experts have likewise questioned the bill’s compatibility with Israel’s treaty obligations. The UN Office of the High Commissioner for Human Rights (OHCHR) reminded that the International Covenant on Civil and Political Rights — which Israel ratified — strictly limits the use of capital punishment to the “most serious crimes” and under stringent procedural safeguards.

“The mandatory nature of the penalty and the evident discrimination in its potential application make this bill incompatible with international human-rights standards,” said Ravina Shamdasani, a spokesperson for the OHCHR.

Amnesty International warned the bill risks “codifying collective punishment and racial discrimination.” The group’s statement described the legislation as “an attempt to legitimise revenge under the guise of justice.”

Political and public response

Within Israel, the bill remains highly divisive. Supporters from the ruling coalition, including the Religious Zionism and Otzma Yehudit parties, celebrated the vote as a breakthrough in fighting terrorism. But centrist and left-leaning lawmakers called it a “dangerous moral collapse.”

Protests were held outside the Knesset in Jerusalem following the vote, with demonstrators holding signs reading “Justice, not vengeance” and “Stop racist laws.”

Political analysts noted that the vote was as much about coalition politics as security. The far-right parties, essential to Netanyahu’s majority, had demanded movement on the death-penalty law as a condition for continued support.

Outlook

The bill now returns to the National Security Committee for further debate and possible amendments before its second and third readings. Legal observers expect petitions to be filed to the Supreme Court if the law passes, arguing it violates the Basic Law on Human Dignity and Liberty.

Meanwhile, the viral video of Ben-Gvir handing out sweets continues to circulate online, serving as a potent symbol of the country’s growing political polarisation.

As one commentator in Haaretz wrote: “In a country that has avoided executions for over 60 years, it was not just the vote that shocked Israelis — it was the celebration that followed.”