Death penalty law for West Bank Palestinians convicted of deadly terrorism comes into effect

By Jeremy Sharon

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17 May 2026, 9:43 pm

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Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Palestinians demonstrate against a new Knesset law imposing the death penalty on West Bank Palestinians convicted of deadly terrorist acts, in Nablus, March 31, 2026. (AP Photo/Majdi Mohammed)

The death penalty law for Palestinian terrorists in the West Bank comes into effect after the commander of IDF Central Command. Maj. Gen Avi Bluth signs the military order necessary to enact the measure in the territory.

The military order requires that a military court presiding over the prosecution of a terror attack that resulted in the death of a victim apply the death penalty alone as the only available sentence, unless the court finds special circumstances allowing for life imprisonment.

The legislation has been widely condemned as discriminatory since it states explicitly that it does not apply to Israeli citizens or residents of Israel. It also only applies to terror trials in the military courts system, which is used for Palestinians, whereas Israelis are tried in Israel’s civil court system.

And one of the three conditions for imposing the death penalty is that the motive was to either “negate the existence of the State of Israel or the authority of the military commander in the area,” motives which would likely only be applicable to Palestinian terrorists.

“This is a clear and sharp change of policy after the October 7 [2023] massacre: a terrorist who murders Jews can no longer rely on [prisoner exchange] deals, [good prison] conditions, or the hope to be released in the future,” Defense Minister Israel Katz and National Security Minister Itamar Ben Gvir say 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.”

“Terrorists who murder Jews will not sit in prison in pleasant conditions, will not wait for [prisoner exchange deals. and will not dream of release — they will pay the heaviest price,” Katz adds.

Ben Gvir lauds the signing of the military order as the fulfilment of a campaign promise of his far-right Otzma Yehudit party, saying “we promised and we fulfilled,” adding: “We do not capitulate or contain murderous terrorism, we defeat it.”