Ben-Gvir Demands Death Penalty for Terrorist in First Test Case

National Security Minister Itamar Ben-Gvir is demanding the death penalty be applied for the first time to a terrorist apprehended alive after carrying out a deadly attack in the Benjamin region on the eve of Yom Kippur. Ben-Gvir raised the demand during a limited cabinet meeting held shortly before the Jewish holiday began. The suspect is accused of murdering Natanel Shkaron, 40, near the settlement of Neve Tzuf. Shkaron was shot while visiting a spring with his son to immerse himself before the Day of Atonement.

During the meeting, ministers were informed that the military court system and the Military Advocate General are responsible for initiating the process, and no active government decision is required for the law to be applied. Prime Minister Benjamin Netanyahu supported holding a further discussion to explore measures that would ensure the law's implementation. Ben-Gvir stated, "This is the first case where it is possible to implement the death penalty law for terrorists. In this case, there is a mandatory sentence, and therefore we demand to apply this sentence and implement the execution of the terrorist. The law is the law, this is the law we passed, this is the law that allows the execution of the terrorist, and this is the opportunity."

The terrorist, identified as a 37-year-old Hamas operative from the Birzeit area, allegedly scouted the location the day before the attack, exploiting the presence of settlers visiting the spring. He was injured during his pursuit and capture by IDF forces and subsequently arrested alive at a Ramallah hospital. This is the first instance since the law's enactment in late March where a terrorist captured alive after committing an attack in Judea and Samaria could be subject to its provisions.

A petition against the death penalty law, filed by MK Gilad Kariv and the Zulat Institute, is still pending before the High Court of Justice. The petition argues the law is overly broad, particularly its mandatory sentence and last-minute amendments. Legal experts like Dr. Amir Fuchs from the Israel Democracy Institute have noted that mandatory death sentences are uncommon in democratic nations and that distinctions based on the victim's identity could face legal challenges due to their potentially discriminatory nature, especially given the irreversible nature of the punishment.