Death Penalty for Terrorists Bill

What does the bill do?

Under the Death Penalty for Terrorists Law, 2026, it is established that the Minister of Defense will instruct the commander of IDF forces in the Judea and Samaria area to amend the order regarding security provisions, so that a resident of the area (except an Israeli citizen or resident of Israel) who intentionally caused the death of a person as part of an act of terrorism, as defined in the Counter-Terrorism Law, will be sentenced to death only – unless the military court finds, for special reasons, that there are special circumstances for which it is appropriate to impose a sentence of life imprisonment. The military court's authority to impose a death sentence will not be conditional on a request by the prosecution, on a unanimous decision of the panel of judges, or on the judges' rank being no lower than lieutenant colonel. The commander of IDF forces in the area will not be permitted to pardon, mitigate or commute a death sentence imposed on a terrorist. In addition, a unique provision was set regarding jurisdiction over residents of Judea and Samaria, under which the place where they are put on trial – in the civilian courts in Israel or in the military courts in Judea and Samaria – will be determined according to the policy the Minister of Defense sets on the matter. In addition, the Penal Law was amended so that a person who causes the death of a person with the aim of negating the existence of the State of Israel in circumstances of an act of terrorism will be sentenced to death or life imprisonment only. The civilian court's authority to impose a death sentence for these offenses, and under the Crime of Genocide (Prevention and Punishment) Law, will not be conditional on the prosecution having requested it. It was also established that a death sentence will be carried out by hanging within 90 days of the day it became final. The law authorizes the Prime Minister to ask the court to delay carrying out the sentence for special reasons to be recorded and for a cumulative period not exceeding 180 days. The Government Law was also amended so that if the government decides to release a prisoner for reasons of managing the state's foreign relations and security, it will not be able to order the release from prison of a person convicted of, suspected of or charged with an offense punishable by death. Finally, the Prisons Ordinance was amended to regulate the conditions of holding a person sentenced to death separately from the other prisoners and with access to them restricted to authorized persons only. The law applies strict confidentiality provisions to the identity of the prison guards and to the procedures, the violation of which and the publication of details without a permit constitute a criminal offense, and enshrines the right of the families of the victims of the offense to receive updates regarding the execution and of their representatives to be present when the sentence is carried out.