IDI Scholars on the Terrorist Death Penalty Bill:

Ahead Sunday's vote in the Ministerial Committee on Legislation on whether or not the death penalty should be used against terrorists, two IDI scholars are calling on ministers to oppose the legislation.

Ahead Sunday's vote in the Ministerial Committee on Legislation on whether or not the death penalty should be used against terrorists, two IDI scholars are calling on ministers to oppose the legislation.

In a policy statement penned by Professor Mordechai Kremnitzer, Vice President of IDI, and Dr. Amir Fuchs, head of IDI's Defending Democratic Values program, the writers say there are major challenges with the assumption that the bill would serve the purpose for which it is intended: deterring terror. Kremnitzer and Fuchs write that the bill is only four lines long and that it ignores the fact that there is no research or proof that the death penalty deters terrorists, especially when the majority of terrorists want anyway to end their lives.

In addition, because of the legal process that would be required, there would be a gap of time between the act of terror-murder and the carrying out of the death sentence. This period could serve as an opportunity for terrorist organizations to kidnap soldiers or civilians and use them as bargaining chips to prevent the execution of their terrorist.

Kremnitzer and Fuchs also write that part of the proposal does not have legal authority; the Knesset is not the sovereign authority in Judea and Samaria and it cannot institute the law in that area or enforce it upon the Defense Minister or the West Bank commander of the IDF. The bill also directly contradicts the 4th Geneva Convention regarding defending citizens at a time of war (clause 75), which set that it is forbidden to remove the right of pardoning from those sentenced to death. Therefore, there is no precedent for such a law in the world. It is being selectively applied on specific population: The Palestinians.

The writers conclude that, "The bill would position Israel among the 'special' club of countries like China, North Korea and Iran. It is a dramatic bill, presented without proper explanation and without relating to relevant and legal questions and considerations. This is a blatant example of the cheapening the legislative process. It would cause grave harm to human rights and would give a cruel and inhumane punishment to terrorists that would harm the way Israeli society relates to human life and the way Israel is perceived in the world."

See the full policy statement (Hebrew).