Legislation9/20/2026

Death Penalty Law for Terrorists May Face Judicial Review for the First Time

The arrest of 37-year-old Hamas operative Kadri Samara, who was linked to the killing of Netanel Shukron, may constitute the first case in which the new death penalty law for terrorists is applied. However, no death sentence has yet been handed down: a trial before a military court is expected, with the possibility that the law will be reviewed by the High Court of Justice.

Key facts

•Detainee: Kadri Samara, 37
•Victim: Netanel Shukron
•Place of arrest: a clinic in Ramallah
•The Knesset gave final approval to the law in March
•The High Court of Justice has not yet ordered the law frozen
•The judicial proceeding number is not stated in the source

The Arrest and the Minister’s Demand

Kadri Samara, a resident of the town of Biddu near Jerusalem, was arrested at a clinic in Ramallah after being wanted. According to the source, he is suspected of shooting and killing Netanel Shukron near a spring in Binyamin. National Security Minister Itamar Ben-Gvir demanded that the death penalty be imposed, describing this as the first suitable case under the new law.

What the New Law Provides

The Knesset gave final approval to the death penalty law for terrorists in March, about six months before the events described. Even before then, military law in Judea and Samaria allowed the death penalty to be imposed for a murder committed as part of an attack, but this option was not used. The new law formally makes this punishment mandatory, but allows military judges to refrain from imposing it for special reasons that must be detailed in the judgment.

Petitions to the High Court of Justice

Left-wing organizations and human rights organizations filed petitions against the law. Supreme Court Justice Yechiel Kasher has not yet issued an interim order freezing its effect; Attorney General Gali Baharav-Miara has also not yet presented her position, and no hearing has been held so far. The petitioners may again request that implementation of the law be frozen pending a decision by the High Court of Justice.

What the Court Still Has to Decide

The minister’s demand in itself does not replace the criminal proceedings and the court’s judgment. Military judges may decline to impose the death penalty if they state special reasons in writing. If the sentence is nevertheless imposed and an appeal is filed against it, the case may reach the Supreme Court, which can establish rules for applying the law even if it does not strike it down.

What this means for you

The new law does not mean that an execution is carried out automatically immediately after an arrest: an indictment must be filed, the case must be heard, and a military court must issue a judgment. Even if the charge is proven, the judges retain limited discretion to choose another punishment, and the decision may be subject to appellate review and constitutional review.

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