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Israel is considering the death penalty for some Hamas terrorists on October 7th.

Hamas terrorists at risk of handcuffs sit next to a picture of Palestinians who pass in the Gaza Strip and an Israeli flag on May 6, 2025 in a prison in the center of Israel. (Photo: Chaim Goldberg/Flash90)

The last time that the death penalty in Israel was used, followed Adolf Eichmann, the NSA architect of the Holocaust, 1962.

Alan Baker, former legal advisor to the Israel Foreign Ministry and former military lawyer, is now of the opinion that it could be time for Israel to reintroduce the death penalty for the Hamas terrorists who were convicted of participation on October 7, 2023, massacre.

According to the British tabloid newspaper The sunIt is expected that 22 Hamas terrorists will be charged with the attack on Kibbutz Nir OZ because of their participation, one of the hardest communities hit during the terrorist attack on October 7.

According to Baker and other Israeli military lawyers, some or all suspects could be considered for the death penalty.

In a recent interview with The sunBaker said that Israel had partially abolished the death penalty in order to avoid incentives to avoid terrorists, to commit more brutal attacks if the execution was inevitable, and also out of concern for potential international setbacks.

“About 30 years ago, I was the prosecutor at the negotiation of a particularly evil and cruel terrorist, and I managed to have convicted him with the death penalty,” said Baker. “It was not carried out at the time because a theory that terrorists could encourage it to do more terrible acts if they feel like they are dying anyway.”

“Of course there is always concern that the international community thinks,” he continued.

Baker said Israel shouldn't worry about the global reaction.

“These considerations should not take into account what the world thinks,” he said. “The world will condemn Israel whatever it does – whether it imposed the death penalty or a little less. We have seen this for 80 years. Israel has tried to explain and appear sensibly, and the world has consistently convicted it.

Baker, who is now heading international law in the Jerusalem Center for Foreign and Security Matters, he asked the prosecutors to fully look at “the severity of these criminals” and to tell them that they should not pay attention to “external consideration”.

Maurice Hirsch, director of the initiative for the responsibility and reform of the Palestinian authority in the Jerusalem Center for Public Affairs (JCFA), said that the complexity of the Israeli judicial system is not guaranteed, but is viewed due to the terrible nature of the attacks.

He also said that Israel has to deal with international pressure when he weighs the death penalty.

“You should be subject to the death penalty, but it will depend on whether Israel can withstand international pressure,” said Hirsch.

The National Security Minister Imar Ben Gvir is perhaps the most prominent politician who is pushing for a return to the death penalty for terrorists.

In March 2023, shortly after the coalition government took office and months before the Hamas attacks, the Knesset approved a preliminary reading of a law that was designed by Ben Gvir's Jewish power party, the death penalty for terrorists.

During the Memorial Day Ceremonies last week, Ben Gvir took part in a service for the 1,666 police officers who have been responsible for the foundation of the State of Israel.

“We will continue to build a strong and mighty police that incorporates the enemy. We will continue to support the officials as we did,” Ben Gvir told the ceremony.

“We will continue to build a mighty, strong, determined and aggressive prison service that shows a government that changes the conditions of the terrorists in prisons. We may also deserve to have the death penalty for terrorists.”


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