The court must impose it if the accused terrorist is tried in a military court, where most such trials occur, although there is the possibility of a life sentence in the event of undefined “special circumstances”. In civilian courts, both Israelis and Palestinians can be tried for terrorist acts, but the law applies only to those who “intentionally cause the death of a person with the aim of denying the existence of the State of Israel” – a definition intended to exclude Jewish terrorists. If there were any ambiguity, the penalty does not apply to Israeli citizens or residents who live in “The Area”,
effectively excluding all settlers. In the words of
The Times of Israel, the law “effectively enshrines capital punishment for Palestinians alone”.
It is hard to know where to begin with the outrageousness as well as the stupidity of such blatantly hateful and xenophobic legislation. Will this deter Palestinian attacks? Hardly; it will create martyrs. Will this promote the image of Israel as a country governed by the semblance of the rule of law? Will it create support for Israel as a democratic island in an authoritarian desert? Will it create sympathy for Israel or for Jews more generally?