Palestinian terrorists in Judea, Samaria now liable for death penalty

Death Penalty for Terrorists Law goes into effect in Judea and Samaria after IDF commander signs order enacting the measure beyond the Green Line.

By World Israel News Staff

A new Israeli death penalty measure for Palestinian terrorists convicted of deadly terror attacks in Judea and Samaria took effect Sunday night after the head of IDF Central Command ordered that the legislation be applied to territories administered by the Israeli military.

Maj. Gen. Avi Bluth signed the order after Defense Minister Israel Katz instructed the military to implement the law, which was passed by the Knesset at the end of March.

The measure applies in the military court system in Judea and Samaria, where Palestinians are tried, and makes death the default sentence for certain deadly terrorist attacks unless judges find special circumstances allowing life imprisonment instead.

The law covers cases in which a defendant is convicted of intentionally causing death in an act of terrorism against an Israeli citizen or resident.

The Israel Democracy Institute said the law changes the previous standard by allowing a death sentence by ordinary majority rather than requiring a unanimous decision by the military court panel.

Katz and National Security Minister Itamar Ben-Gvir welcomed the order, calling it a policy shift after Hamas’ October 7, 2023, attack.

“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, conditions, or the hope to be released in the future,” Katz and Ben-Gvir said in a joint statement.

“Whoever chooses murderous terrorism against Jews needs to know that the State of Israel will bring him to justice all the way,” they said.

Katz said terrorists convicted under the law “will not sit in prison in pleasant conditions, will not wait for deals and will not dream of release — they will pay the heaviest price.” Ben-Gvir, whose Otzma Yehudit party made the death penalty a central demand, said: “We promised and we fulfilled.”

The measure also limits the ability to commute sentences and bars the release in future prisoner exchanges of terrorists sentenced to death or charged with offenses carrying the death penalty.

The Association for Civil Rights in Israel petitioned the High Court of Justice against the law immediately after it passed, arguing that it imposes death by hanging as a mandatory punishment, with exceptions, on Palestinian terrorists in military courts while creating a separate and more lenient framework inside Israel.

The group said the law violates rights to life, dignity, due process and equality.

The Israel Democracy Institute also criticized the measure, saying it is “tainted by discrimination on national grounds,” reduces judicial discretion and increases the risk of irreversible judicial errors. It also warned that the law could carry a heavy diplomatic cost for Israel and said there is little evidence it would help deter terrorism.

The High Court has ordered the state to respond to petitions against the law by May 24.

The Death Penalty for Terrorists Law is separate from legislation approved last week establishing a special tribunal for Palestinian terrorists who took part in the Oct. 7 invasion. That tribunal bill passed 93-0 and also allows death sentences, but it concerns Oct. 7 perpetrators and does not apply retroactively to the March law for future deadly terror cases.

Avi BluthDeath penaltyIDFJudea and Samaria