According to reports from the Hebrew website ‘Walla’, Itamar Ben Gvir, the Israeli Minister of Internal Security, has refused to modify the proposed legislation regarding the execution of Palestinian prisoners. Prime Minister Benjamin Netanyahu had previously urged adjustments to the bill through his associates, driven by fears of international repercussions for Israel. This legislation is reportedly even stricter than existing death penalty standards in the United States.
Sources from ‘Al-Araby Al-Jadeed’ indicate that Netanyahu’s office has informed Ben Gvir that Israel cannot enact a law that is more severe than the current death penalty laws in the U.S. However, Ben Gvir remains steadfast in his opposition to any amendments.Walla sources have stated that Netanyahu and the ruling coalition will not allow the bill to pass in its original form. In an unusual move, Netanyahu’s office has asked Knesset member Eli Dallal from the Likud party to formally object to the version proposed by Limor Son Har-Melech, a Knesset member aligned with Ben Gvir.
The Internal Security Council, the Shin Bet security service, and the Foreign Ministry have also called for revisions to the bill, with significant protests lodged against the draft. Most Knesset members have voiced their opposition, and the Knesset’s legal advisor highlighted legal and constitutional barriers within the current version of the bill.The proposed amendments by Eli Dallal, at Netanyahu’s request, emphasize the removal of mandatory death penalties for ‘perpetrators of attacks in the West Bank’ and grant judges the discretion to choose between death sentences and life imprisonment. This revision would also allow for appeals against sentences based on Israel’s international legal commitments, whereas Ben Gvir’s version permits only appeals against convictions, not the death penalty itself.
Another point Netanyahu wishes to amend concerns the classification of execution as a non-mandatory maximum penalty for ‘murder motivated by internal factors’, provided the victim is a citizen or resident of occupied territories. Netanyahu seeks to eliminate this provision to prevent discrimination based on the victim’s identity and to avoid complications in cases of ‘Jewish terrorism’ against Palestinians, referencing the case of Ami Boober, who was convicted of killing seven Palestinian workers who were neither citizens nor residents of the occupied territories.The report indicates that the Israeli security-political cabinet has reviewed the draft law, which is still in the committee stage, for presentation in the Knesset’s second and third readings. It also notes that prior to the return of all living Israeli prisoners, Gal Hirsch, responsible for issues related to prisoners and missing persons, expressed concerns that advancing this law might harm these prisoners. However, he later clarified that Netanyahu had changed his position, alleviating those concerns. Nevertheless, Netanyahu continues to demand reforms that would enable security agencies to provide input in exceptional cases within judicial discretion.
On Saturday evening, the Hebrew newspaper ‘Yedioth Ahronoth’ revealed increasing disagreements within the Israeli cabinet regarding the death penalty bill proposed by Itamar Ben Gvir, with Netanyahu setting ‘red lines’ for the current draft.According to the report, amid escalating international pressure, particularly from the United States and the European Union, Netanyahu is seeking substantial revisions to the bill’s text. This action is driven by fears of the consequences of passing the law in its original form within the realm of international law. The report states that Netanyahu believes that enacting mandatory death penalties could serve as further evidence in international courts, including the International Criminal Court and the Hague, to bolster allegations of ‘racism’ and ‘war crimes’.
Netanyahu has referenced the ‘American model’ as a political benchmark. In this context, Knesset member Gilaad Kariv stated that Ben Gvir’s initiative does not align with the positions of security agencies, the Ministerial Committee for Legislative Affairs, and international law. He called for the coalition to oppose this draft if Ben Gvir persists with the current version. Sources close to Netanyahu have confirmed these details, while Ben Gvir’s office has not responded.In the final version of the law targeting the execution of Palestinian prisoners the method of execution is specified as hanging. According to the text promoted by Ben Gvir which has been published by the Israeli Broadcasting Corporation ‘Kan’ the sentence would be carried out by a prison guard specifically designated for this task by the prison authorities.
The proposed punishment applies to Palestinian prisoners convicted of killing Israelis based on national or ideological motives or within what Israel deems a ‘terrorist act’ contingent upon proving their intent to harm ‘state security’ or ‘the will of the Jewish people’. This bill mandates that the court impose sentences without granting judges any discretion for leniency whether in civil or military courts. Furthermore the law distinguishes between two categories: the first pertains to Palestinian prisoners residing in the West Bank and Gaza Strip for whom the death penalty is mandatory with only the possibility of appealing the conviction. The second category involves prisoners from other regions who may face either execution or life imprisonment without the possibility of release in any exchange deals.
