Israel death penalty debate intensifies
Arguments span deterrence, Jewish values, security concerns and claims of double standards.
There are legitimate arguments on both sides of the debate regarding Israel’s new death penalty law.
It is true that generally, capital punishment has not proven to be a deterrent, and perhaps even more so in this case, Palestinian terrorists may in fact welcome the “glory” of becoming a “martyr”.
Arguments about Jewish law and the sanctity of life are also compelling. We Jews love life and elevate it to utmost importance, while the monsters of Hamas, Palestinian Islamic Jihad and others who commit terrorist acts prioritise death. By condemning people to death ourselves, do we Jews not stoop to their level?
Then there is the fact that this new law, which has been championed by far-right Jewish extremists, is a public relations disaster for Israel and a gift for its detractors.
At the same time, it is harrowing for families to see convicted terrorists who murdered their loved ones being freed in exchange for Israeli hostages. Yahya Sinwar was released in the Shalit deal and went on to plan October 7. Sbarro bombing mastermind Ahlam Tamimi lives freely as a celebrity in Jordan.
Much criticism of the legislation also misrepresents it; anyone convicted under its provisions may be sentenced, not just Palestinians. While there are legitimate concerns regarding how it may be applied, this technical distinction is important.
So there are many complexities in this debate, notwithstanding that without the same challenges Israel faces, we in Australia are not as qualified as Israelis – who too, have a range of opinions on the issue – to pass judgment.
All that being said, there is one element of this debate that is a wholly illegitimate and offensive position.
And that is criticising Israel alone for passing such a law while staying silent – as many in politics, the media and public debate have – about capital punishment laws and state-sanctioned killings taking place across the Middle East and other parts of the world.
If you are silent about executions that take place for the crime of one’s sexual orientation, for protesting a despotic regime, for someone’s mere religious beliefs, then your reasoning for opposing Israel’s law has nothing to do with the sanctity of life.
But it has everything to do with wanting to demonise Israel.