Despite ongoing court petitions, IDF greenlights death penalty for terrorists in Judea & Samaria

The new law mandating the death penalty as the default punishment for terror acts in Judea and Samaria came into effect this week, after IDF Central Command chief, Maj.-Gen. Avi Bluth, signed the military order to enact the measure.

The highly controversial law still faces petitions before the High Court of Justice filed by several organizations and politicians, with the state was ordered to submit its response by May 24.

The law mandates that military courts issue the death penalty by hanging as the default sentence for deadly terror attacks committed by non-Israeli residents of Judea and Samaria, while leaving the judges the option of life imprisonment under “special circumstances.”

The justice system in the Israeli-controlled areas of Judea and Samaria is handled by the Civil Administration, which is under the authority of the Defense Ministry and run by the IDF, making Bluth the highest authority there.

Only Palestinians are tried by the military courts, while Israeli citizens are subject to the regular civilian courts. The discriminatory nature of this practice is one aspect of the law that has drawn international criticism, making it likely that the High Court will strike it down.

Despite the running court hearings, Defense Minister Israel Katz requested that Bluth approve the military order this week.

“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, [prison] conditions, or the hope to be released in the future,” Katz and National Security Minister Itamar Ben Gvir said in a joint statement praising Bluth’s move.

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

The law, which is separate from another proposed law to institute the death penalty for terrorists taking part in the Oct. 7 massacre, was approved by a 62-47 vote in March.

The death penalty would have to be carried out within 90 days of sentencing, would require only a simple majority of judges, and would not allow for an appeal.

The law also mandates that terrorists tried under this new framework be automatically excluded from any future prisoner exchange deals.

However, the death penalty would apply only if prosecutors prove the murder was motivated by a desire to negate “the existence of the State of Israel or the authority of the military commander in the area,” which, some observers have noted, is only relevant for Palestinians but could also be hard to prove in court.

“Terrorists who murder Jews will not sit in prison under comfortable conditions, will not wait for deals, and will not dream of release – they will pay the heaviest possible price… Immediately after the law was approved, I instructed the IDF to act toward implementing it in Judea and Samaria as well, and today, with the signing of the amendment order by the Central Command commander, we are turning the new policy into reality,” Katz stated.

“Our message to every terrorist is clear: whoever raises a hand against a Jew, whoever harms IDF soldiers or Israeli citizens – the State of Israel will pursue him, reach him, and fully prosecute him to the fullest extent.”

Ben Gvir added, “A terrorist who murders Jews should know that his end will not be in a release deal, but in the death penalty… After October 7, the State of Israel is changing the equation. Against murderous terrorism, we do not fold and we do not contain – we defeat it.”