The highly contested death penalty law for terrorists who have killed Israeli citizens, proposed by National Security Minister Itamar Ben-Gvir, continues to generate debate. While it has successfully passed its first reading in the Knesset, indicating growing coalition support, it remains in the legislative process and must pass two additional readings to become law.
Support for this initiative comes from various sources. Otzma Yehudit, the party led by Ben-Gvir, is a major supporter, with Ben-Gvir asserting that the mandatory death sentence will act as a deterrent to terrorism, prevent prisoner exchanges, and deliver justice. During a recent security cabinet meeting on this law (November 2025), Shin Bet (Israel Security Agency) director David Zini strongly endorsed it, stating, “Yes, this is a very deterrent tool. For us, it is a punishment that will deter.”
Representatives of Chief of Staff Lt.-Gen. Eyal Zamir also conveyed the IDF’s support, emphasizing that discretion will be incorporated so it will not be a mandatory punishment. Finance Minister Bezalel Smotrich confirmed the law’s broad applicability, stating that the death penalty could also be used against Israelis who commit severe crimes against the state, such as spying for Iran.
Supporters of the law include Prime Minister Benjamin Netanyahu and bereaved family groups. A survey by the Midgam Research Institute found that nearly 70% of Israelis support such a law, although it focused solely on Jewish Israelis.
Opponents of this bill include Knesset opposition leader Yair Lapid, human rights organizations, NGOs, and representatives of Arab parties. The bill is motivated by aims such as deterrence, avoiding prisoner exchanges, retributive justice, and reinforcing national security messaging.
Deterrence: If attackers know they will be executed, fewer will carry out attacks.
There is little evidence, however, that executing terrorists deters others. Traditional deterrence assumes that the attacker values life, considers future consequences, and believes punishment will be swift and certain. It also presumes that the state controls the attacker’s incentives.
'Death is seen as a reward, not a punishment'
However, these assumptions rarely hold for jihadist terrorists, who are ideologically motivated and often seek martyrdom. For them, death is seen as a reward, not a punishment. Social, religious, and political incentives often outweigh legal ones. In fact, the “pay for slay” programs offered by the Palestinian Authority – even though officially ended – still provide additional incentives under different names. Since suicide attackers expect to die, such laws are unlikely to influence them. Consequently, the effectiveness of laws as deterrents within security forces is questionable.
So, if the evidence fails to support the deterrent effectiveness of this law, what benefit will it offer?
Deterrence is, however, not the only benefit of imposing the death penalty.
Retributive justice offers victims’ families a sense of justice by affirming the worth of the victims’ lives. Since murder is a more severe crime than those that do not involve loss of life, the punishment should be proportionally harsher.
While in prison, inmates are treated to an intensive course on advanced terrorist techniques. Many become fluent in Hebrew and study Israeli society and customs. They also learn new terrorist techniques and often become more radicalized. They take the opportunity to instruct other security prisoners and frequently plan operations from within prison. After release, they often return to terrorist activities, increasing their threat level to Israel and making them more effective and dangerous.
Capital punishment functions as a symbolic act, indicating a strict stance against terrorism and reinforcing the state’s authority. Additionally, it helps reassure the public that the government will not tolerate acts of terrorism.
Ultimately, the key purpose of execution is to ensure that the murderer can never kill again, cannot direct terrorist acts from prison, and cannot radicalize others. Additionally, carrying out executions of terrorists eliminates the motivation for hostage taking.
Opponents of this law argue that sentencing terrorists to life imprisonment secures most of these benefits.
However, they overlook that Arabs generally regard life sentences with contempt and disdain. They understand that such sentences are largely symbolic and last only until the next prisoner exchange.
The bottom line is that Arab terrorists who murder and are released from prison go on to murder again. And the rates of recidivism among such jihadist terrorists are high.
Based on data from the Shin Bet, approximately 50% of prisoners released in the 2011 Gilad Schalit exchange resumed terrorist activities. Many went back to planning and leading attacks, recruiting operatives, and inciting others. Notably, among those convicted of murder, around 80% returned to terrorism!
Yahya Sinwar demonstrates how this law could have prevented such incidents. Arrested by Israel in 1988 and given a life sentence for multiple murders, he became a leading figure during his two decades in prison. From within Israeli custody, Sinwar planned and orchestrated several uprisings, including the Second Intifada.
After his release in the Gilad Schalit prisoner swap – where over a thousand terrorists were unleashed – he and others leveraged training from Israel’s “prison war college” to plan further attacks. Israeli officials see him as a primary mastermind behind the October 7 massacre. How different might events have been if Sinwar and other killers had been executed when first arrested?
Data on terrorist recidivism is difficult to obtain, as Israel censors such information and does not make it easily accessible for research. However, comparing Israel-Arab data with global criminal statistics shows a notably higher recidivism rate among released terrorists than among ordinary criminals. Those deeply indoctrinated with jihadist hatred for Israel are likely to kill again if given the opportunity. Executing them removes that possibility.
The terrorists have become more confident and advanced. Murder rates continue to rise, not just since October 7 but overall. Israel cannot afford to be lenient if it wants to survive.
The Ben-Gvir death penalty law may not ensure a deterrent effect, but it will guarantee that those caught, tried, and sentenced for killing Jews and later executed will never commit such acts again. It is long overdue for the Ben-Gvir law to become the law of the land.
The writer is a Jewish activist and columnist, and author of Recipes from Auschwitz: The Survival Stories of Hungarian Jews with Historical Insight and the soon to be released The Toughest Jew in Brooklyn. www.alexsternberg.com