France, UK, Germany, Australia Urge Israel to Rethink Terrorist Death Penalty by Hanging

The foreign ministers of France, Germany, Italy, the UK, and Australia are jointly urging Israel to rethink a new death penalty via hanging for convicted terrorists.

Under the laws passed on March 30 in the Israeli Parliament, an accused individual must be found to have intentionally caused death under the circumstance of terrorism with the aim of negating the existence of Israel.

The law makes the death penalty—via hanging—an option in Israeli courts, and will become the default in the occupied West Bank because of differing legal systems.

A death sentence can still be revoked via a presidential pardon or appeal.

Once a death sentence is final, however, it needs to be carried out within 90 days via hanging.

Human Rights Watch says the law will primarily target those in the region of Palestine, and likely the Hamas terror group.

In response, foreign ministers from Western nations expressed “deep concern” in a statement.

“We are particularly worried about the de facto discriminatory character of the bill,” they said. “The adoption of this bill would risk undermining Israel’s commitments with regards to democratic principles.”

They also called the death penalty inhumane and a degrading form of punishment.

“This is why we oppose the death penalty, whatever the circumstances around the world,” the foreign ministers said.

“The rejection of the death penalty is a fundamental value that unites us.”

Israel Says Greater Deterrence Against Terror Attacks Needed

In a statement on social media, the Israel Ministry of Foreign Affairs said the country was the target of unprecedented terrorism for decades, more than any other country.

“A lack of effective deterrence—and incentives for kidnapping—helped fuel an escalation in terrorism that led to the October 7 atrocities, the deadliest massacre of Jews since the Holocaust,” the statement said.

“Capital punishment already exists in Israeli law and has been used only twice. The new legislation expands it, with decisions left to the courts and safeguards such as the right to appeal and the possibility of a presidential pardon. The U.S. and other leading democracies have similar laws.”

Brings Israel into Line With Other Middle East Nations

The move brings Israel into line with other Middle Eastern nations that punish terrorism with the death penalty, including Iran, Saudi Arabia, Iraq, Syria, Egypt and Yemen.

In the case of Saudi Arabia, the death penalty applies even if an act of terror does not result in fatalities, while in Syria committing blasphemy can elicit a death sentence.

Other nations including Jordan, Kuwait, Qatar and the United Arab Emirates (UAE) also have a death penalty for terrorism written into law, which may not always be utilised.

In 2015, the UAE sentenced Alaa Bader al-Hashemi, 30, to death after she was found guilty of the “militant-inspired” stabbing of U.S. citizen and teacher Ibolya Ryan to death in a toilet cubicle, as well as placing a homemade bomb in front of an Egyptian-American’s home.

The court found she had also sent money to Al-Qaeda and her death sentence could not be appealed.

Some nations, including Lebanon, Oman and Bahrain have either abolished the death penalty or use it sparingly. Turkey has outlawed the death penalty for terror offences.

Despite this, criticism of the law has come from within Israel.

In 2023, the centrist Israel Democracy Institute issued a joint statement by four researchers, argued that imposing death on terrorists undermined democracy and could unintentionally result in further hostage-taking and revenge attacks.

“It is harmful to human dignity and the sanctity of life,” the collective said in a statement.

The Israeli Association of Civil Rights has also launched a challenge against the bill, which could be implemented within 30 days.

Hostage Taking as a Tool

Kidnapping is a common tactic used by Hamas against Israelis with the Oct. 7, 2023 attacks seeing 251 individuals taken hostage to be used as leverage in future negotiations.

In response, Israel released around 2,000 Palestinians who were either convicted, jailed, or detained.

Even earlier in 2006, Israeli soldier Gilad Shalit was kidnapped by Hamas, which forced Israel to agree to a 2011 deal that saw Shalit released in exchange for 1,027 mostly Palestinian prisoners.