Concern over Israel’s new death penalty law
'Capital punishment has not been practised under Jewish law for many centuries,' says ECAJ.
Australia’s peak representative Jewish organisations have expressed deep concerns about Israel’s new death penalty law, saying it departs from Jewish legal tradition and applies discriminatory standards based on nationality.
Australia’s Special Envoy for International Human Rights Mark Dreyfus also expressed deep concern over the legislation.
The Death Penalty for Terrorists law, which passed the Knesset in a 62-48 vote last Monday, mandates death by hanging as the default punishment for terrorists in the West Bank convicted of deadly terrorist acts by military courts, with execution to be carried out within 90 days of sentencing.
The legislation was championed by far-right National Security minister Itamar Ben-Gvir’s Otzma Yehudit party.
In a statement last Thursday, Dreyfus said he was “deeply concerned” by the passage of the legislation.
“The death penalty is an inhumane and degrading form of punishment. It has no deterrent effect,” Dreyfus said.
“It is inconsistent with the protection of human dignity and risks undermining democratic principles and the rule of law.”
His comments were preceded by a joint statement from the foreign ministers of Australia, France, Germany, Italy and the UK issued before the vote.
“We are particularly worried about the de facto discriminatory character of the bill,” the statement said.
“The adoption of this bill would risk undermining Israel’s commitments with regards to democratic principles.”
The Executive Council of Australian Jewry (ECAJ) said it stood in unwavering solidarity with Israel, but expressed concerns from “this place of solidarity – and not in opposition to it”.
“Capital punishment has not been practised under Jewish law for many centuries – a reflection of deeply-held values about the sanctity of life and the limits of human judgement,” ECAJ said.
It said there was no empirical evidence the death penalty was a uniquely effective deterrent to terrorism, and noted the law provided very limited judicial discretion with no requirement for a unanimous verdict and no pardon provision.
“The Otzma Yehudit party’s campaign for this legislation represents a troubling departure from the principles that have guided Israeli law and Jewish tradition,” ECAJ said, adding it trusted Israel’s Supreme Court would carefully scrutinise the legislation.
Australia/Israel & Jewish Affairs Council (AIJAC) executive director Colin Rubenstein expressed understanding with “the painful and emotionally-fraught context in which this legislation has emerged, and why some in Israel have advocated for capital punishment of Palestinian terrorists at this time”.
“Since the barbaric Hamas-led atrocities of October 7, 2023, when terrorists murdered some 1200 people and abducted hundreds more, Israel has faced the agonising reality of having to release large numbers of convicted terrorists, many with blood on their hands, in order to secure the freedom of hostages,” he said.
“Nonetheless, AIJAC believes this bill is not the answer, and we have profound concerns about its troubling and problematic moral, legal and practical implications.”
Zionist Federation of Australia president Jeremy Leibler said his organisation stood in solidarity with Israel as it faced sustained military attack from Iran and its proxies.
“It is from within that solidarity, not from outside it, that we express serious concern,” Leibler said.
“What concerns us is that this legislation creates parallel legal tracks that apply different standards depending on the nationality of the accused.”
He noted Israel’s own Attorney-General’s office, security establishments and the Foreign Ministry had raised objections to the bill.
“The Talmud teaches that a court which imposes a death sentence even once in seven years is called destructive, not because the rabbis were naive about evil, but they understood that when the state takes life, the moral cost falls on the entire society,” he said.
The right-leaning Australian Jewish Association (AJA), however, said on social media it was not part of the criticism of Israel.
“Is this what Israel needs now?,” AJA asked.
“The Israeli people, through their democratically elected government will make decisions about their own legal system.”