If Israel reinstates the death penalty, it will betray Jewish values — and Jewish history

Israel’s parliament building, the Knesset. Photo by iStock by Getty Images/peterspiro

The Knesset is considering a bill that would instate the death penalty as a punishment for convicted terrorists in Israel. Passing it would be an enormous mistake.

Allowing executions in the Jewish state — the justice system of which has, since 1954, only issued that punishment to Adolf Eichmann — would only give fodder to Israel’s enemies. Right now, Israel stands apart in the Middle East for its abolishment of the death penalty. Hamas regularly executes Palestinians in Gaza, extrajudicially and otherwise. A court operating under Yemen’s Houthi rebels recently sentenced 17 people to death for allegedly spying on behalf of Israel and others. Iran, which has carried out death sentences against Jews, has executed more than 1,500 people in 2025 alone.

Which means that if Israel violates its moral obligations and ethical standards by undoing its historic commitment to not inflicting the one punishment that can never be undone, it will be giving its enemies a gift.

First, changing the justice system to allow for the death penalty would provide Hamas terrorists incarcerated in Israel with a new platform for their message. Hamas could proclaim them to be martyred heroes — a new layer of disingenuous but effective propaganda.

Terrorists such as the perpetrators of the Oct. 7, 2023 massacre often believe that their spirits will receive rewards upon their physical death. Within that framework, lifetime incarceration is a far harsher punishment, and therefore a more effective one. Plus, the notion that executing terrorists will prevent future hostage-taking for prisoner swaps is shaky. Hamas’ relationship with Israel has long been defined by retaliatory action, which means that the state killing of Hamas prisoners is likely to lead to Hamas reciprocally executing future Israeli hostages and “collaborators.” The endless cycle of violence will continue.

And since Israel seeks to be a transparent democracy that follows the rule of law, particularly within its judiciary, a legal death sentencing scheme also would prove costly in terms of public perception.

Israel’s reputation as a bastion of moral clarity in the Middle East has dramatically changed in the more than two years since the Oct. 7 attack. The devastation of the war in Gaza, and of increasing violence in the West Bank, has led to a substantial drop in positive perceptions of Israel worldwide. And while the Israeli judiciary has long been one of the country’s most trusted institutions, the deleterious effects of Prime Minister Benjamin Netanyahu’s pre-war proposals for a judicial overhaul mean it is no longer held in the same high regard, in Israel or the rest of the world, as it once was.

This bill has already advanced past a first reading in the Knesset. Moving it any further toward becoming law would only hasten the decline of Israel’s image.

Some of those who have argued in favor of the bill have invoked the fallacy of “deterrence.” Shin Bet security service Chief David Zini even told the Security Cabinet that enacting the death penalty for terrorists who kill Israelis would help prevent future attacks.

That statement doesn’t hold up to scrutiny. Recent studies have concluded that when it comes to deterrence, there is no demonstrable link between the presence or absence of the death penalty and murder rates.

But the most profound reason to reject this bill comes from our own painful history as a people. Many Jews, including myself, have long objected to the death penalty in part because of the shadow of the Holocaust.

We believe, in the words of Elie Wiesel, a Holocaust survivor and winner of the Nobel Peace Prize, that “death is not the answer.” By the end of his life, Wiesel publicly said that he saw no possible exceptions to this rule:“With every cell of my being and with every fiber of my memory, I oppose the death penalty in all forms,” he said. “I do not believe any civilized society should be at the service of death. I don’t think it’s human to become an agent of the angel of death.”

In this light, it is particularly troubling that the Israeli bill proposes using lethal injection against convicted terrorists. That method of capital punishment is a direct Nazi legacy, first implemented in human history by the Third Reich as part of their infamous Aktion T4 protocol, used to kill people deemed “unworthy of life.” Dr. Karl Brandt, Adolf Hitler’s personal physician, devised the program.

In the wake of the Holocaust and the unparalleled horrors of the 20th century, more than 70% of the nations of the world have recognized the inviolability of the human right to life, and have abolished the death penalty in law or practice.

21st-century Judaism must reflect this evolution, and Israel must never cross this moral Rubicon.