Capital punishment in Israel

Last updated

Capital punishment is a legal penalty in Israel. Capital punishment has only been imposed twice in the history of the state and is only to be handed out for treason, genocide, crimes against humanity, and crimes against the Jewish people during wartime. Israel is one of seven countries to have abolished capital punishment for "ordinary crimes only."

Contents

Israel inherited the Mandatory Palestine code of law, which included capital punishment for several crimes, but in 1954, Israel abolished the penalty for murder. The last execution was carried out in 1962, when Holocaust architect Adolf Eichmann was hanged for genocide and crimes against humanity. The last death sentence in Israel was handed down in 1988, when John Demjanjuk was sentenced to death for war crimes and crimes against humanity; his sentence (and conviction) was subsequently overturned in 1993 following an appeal to the Israeli Supreme Court. No death sentences have been sought by Israeli prosecutors since the 1990s.

Currently the only crimes that are capital crimes in Israel are for crimes against humanity and treason. [1]

The President of the State of Israel has, under the authority of the Basic Laws of Israel (specifically, Basic Law: The President of the State) the ability to pardon or commute a death sentence.

History

Israel's rare use of the death penalty may in part be due to Jewish religious law. [2] Biblical law explicitly mandates the death penalty for 36 offenses, from murder and adultery to idolatry and desecration of the Sabbath. However, in ancient Israel, the death penalty was rarely carried out. Jewish scholars since the beginning of the common era have developed such restrictive rules to prevent execution of the innocent that the death penalty has become de facto abolished. Moses Maimonides argued that executing a defendant on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely "according to the judge's caprice". His concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. [3] Conservative Jewish religious leaders and scholars believe that the death penalty should remain unused, even in extreme cases such as political assassination. [4]

When the modern state of Israel was established in 1948, it inherited the British Mandate's legal code, with a few adjustments, and thus capital punishment remained on the books. During the 1948 Arab–Israeli War, the first execution took place after Meir Tobianski, an Israeli army officer, was falsely accused of espionage, subjected to a drumhead court martial and found guilty. He was executed by firing squad, but later posthumously exonerated.

In December 1948, it was decided that in the event of further death sentences, all executions would be stayed until the government determined the fate of the death penalty. The first death sentences imposed by an Israeli civil court, against two Arabs who had been found guilty of murder, were confirmed by an appeals court in November 1949, but the sentences were commuted to life imprisonment by President Chaim Weizmann, due to his opposition to the death penalty. [5] The Israeli cabinet first considered abolishing the death penalty in July 1949.

In 1950, seven convicted murderers were on death row in Israel. [6] In 1951, the Israeli cabinet again proposed that the death penalty be abolished. [7] [8] The 1950 Nazis and Nazi Collaborators (Punishment) Law prescribes a mandatory death sentence for the most serious crimes in the law, which was first imposed in 1952 imposed on Yechezkel Ingster, who was convicted of crimes against humanity for torturing and beating other Jews as a kapo. The court also recommended that the death sentence be commuted; he had lost a leg and suffered from a heart ailment. [9] Ingster served time in jail and was later pardoned but died shortly after he was released. [10] In 1953, another death sentence for murder was imposed. It was not carried out, and the convicted murderer received a presidential pardon six years later. [11]

In 1954, the Knesset voted to abolish the death penalty for the crime of murder. [12] The death penalty was retained for war crimes, crimes against humanity, crimes against the Jewish people, treason and certain crimes under military law during wartime.

In 1962, the second execution—and the only civil execution—in Israel took place when Adolf Eichmann was hanged after being convicted in 1961 of participation in Nazi war crimes relating to the Holocaust.

Throughout the following decades, death sentences were occasionally handed down to those convicted of terrorist offenses, but these sentences were always commuted. In 1988, John Demjanjuk, a guard in a Nazi death camp during the war, was convicted of war crimes and sentenced to death after being identified as the guard nicknamed "Ivan the Terrible" by inmates for his brutality, but his identification, conviction and sentence were later overturned on appeal. In the mid-1990s, the practice of seeking the death penalty for those facing terrorism charges ceased. [13]

In the aftermath of the Itamar attack in 2011, the issue of the death penalty briefly came up again. Israeli military prosecutors were expected to seek the death penalty for the perpetrators, [13] but in the end did not. Even so, the judges seriously considered imposing the death penalty when determining the sentence of one of the perpetrators, but decided not to, as the prosecution had not requested it. [14]

In the March 2015 election, the Yisrael Beiteinu party ran on a platform that included death sentences for terrorists; in July of the same year a bill was proposed, and sponsored by one of the party's members, to allow a majority of presiding judges to sentence a terrorist to death. By a vote of 94–6 the bill was rejected in its first reading. [15]

Calls for imposition of the death penalty

Israeli politicians have sometimes called for the imposition of the death penalty on specific criminals. In 2010, Member of the Knesset Ayoub Kara called for the imposition of the death penalty on the perpetrator of the Tapuah Junction stabbing (2010). [16] In 2017, political figures including Prime Minister Benjamin Netanyahu called for the penalty to be imposed on the perpetrator of the 2017 Halamish stabbing attack. [17] Representatives in the government plan to introduce to the Knesset a bill which would allow the death penalty for terrorism. [18] In January 2018, a bill making it easier for military courts to hand down death sentences was approved by the Knesset in a preliminary vote of 52-49. Prime Minister Netanyahu voted in favor, but later said the bill required "deeper discussion" among the ministers before being voted on again. [19] Netanyahu stated that he would be supporting a bill that would make the death penalty a common punishment. [20] If the proposed bill becomes law, it would allow the IDF military court martial in the West Bank (including East Jerusalem) to sentence those convicted of terrorism charges to the death penalty, only with the approval of the majority of a panel of judges.

Avigdor Lieberman and his Yisrael Beiteinu party are strongly supportive of the death penalty for terrorists. [21] [22]

In March 2023, a bill for the death penalty against terrorism offences was passed in the Knesset in a preliminary vote by 55-9. The bill was supported and pushed by Itamar Ben-Gvir and Jewish Power party. [23] [24] [25]

Public opinion

A 2017 poll found that close to 70% of Israelis would support giving death penalty after a trial to terrorists who murdered Israeli citizens. [26] [27] [28]

Executed people

Executed personDate of executionCrime(s)Under PresidentMethod
1 Meir Tobianski June 30, 1948Treason (posthumously exonerated) Chaim Weizmann Firing squad
2 Adolf Eichmann May 31, 1962 Crimes against humanity and war crimes, crimes against the Jewish people and membership of an outlawed organization involving the murder of many Jews. Yitzhak Ben-Zvi Hanging

See also

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.

<span class="mw-page-title-main">Capital punishment in the United States</span> Death penalty in the USA

In the United States, capital punishment is a legal penalty in 27 states, throughout the country at the federal level, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 19 of them have authority to execute death sentences, with the other 8, as well as the federal government and military, subject to moratoriums.

<span class="mw-page-title-main">Capital punishment in Maryland</span>

Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.

Capital punishment was abolished in 2019 in New Hampshire for persons convicted of capital murder. It remains a legal penalty for crimes committed prior to May 30, 2019.

<span class="mw-page-title-main">Capital punishment in India</span>

Capital punishment in India is the highest legal penalty for crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.

<span class="mw-page-title-main">Capital punishment in Belarus</span>

Capital punishment is a legal penalty in Belarus. At least one execution was carried out in the country in 2022.

<span class="mw-page-title-main">Capital punishment in France</span>

Capital punishment in France is banned by Article 66-1 of the Constitution of the French Republic, voted as a constitutional amendment by the Congress of the French Parliament on 19 February 2007 and simply stating "No one can be sentenced to the death penalty". The death penalty was already declared illegal on 9 October 1981 when President François Mitterrand signed a law prohibiting the judicial system from using it and commuting the sentences of the seven people on death row to life imprisonment. The last execution took place by guillotine, being the main legal method since the French Revolution; Hamida Djandoubi, a Tunisian citizen convicted of torture and murder on French soil, was put to death in September 1977 in Marseille.

The major world religions have taken varied positions on the morality of capital punishment and, as such, they have historically impacted the way in which governments handle such punishment practices. Although the viewpoints of some religions have changed over time, their influence on capital punishment generally depends on the existence of a religious moral code and how closely religion influences the government. Religious moral codes are often based on a body of teachings, such as the Old Testament or the Qur'an.

<span class="mw-page-title-main">Capital punishment in Germany</span>

Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by the constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.

<span class="mw-page-title-main">Capital punishment in Australia</span>

Capital punishment in Australia has been abolished in all jurisdictions since 1985. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.

Capital punishment in Malaysia is used as a penalty within it's legal system for various crimes. There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in death, or the rape of a child. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions with a view to repeal the death penalty altogether, before it changed its stance and agreed to keep the death penalty but would make it discretionary.

Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying capital punishment only for past cases was unconstitutional.

<span class="mw-page-title-main">Capital punishment in Ireland</span>

Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.

Capital punishment is legal in Tonga, but has not been imposed since 1982. The country's lack of executions puts it into the category of a state abolitionist in practice, where it retains the death penalty in law but has had a formal or informal moratorium for at least ten years. Tonga's low rate of murder convictions forms part of the reason for the lack of executions, as well as its courts’ apparent unwillingness to impose the penalty unless it appears absolutely necessary to do so.

<span class="mw-page-title-main">Capital punishment in New York</span>

Capital punishment was outlawed in the State of New York after the New York Court of Appeals declared it was not allowed under the state's constitution in 2004. However certain crimes occurring in the state that fall under the jurisdiction of the federal government are subject to the federal death penalty.

Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Capital punishment is legal in most countries of the Middle East. Much of the motivation for the retention of the death penalty has been religious in nature, as the Qur'an allows or mandates executions for various offences.

<span class="mw-page-title-main">Nazis and Nazi Collaborators (Punishment) Law</span> Israeli criminal law

The Nazis and Nazi Collaborators (Punishment) Law is a 1950 Israeli law passed by the First Knesset that provides a legal framework for the prosecution of crimes against Jews and other persecuted people committed in Nazi Germany, German-occupied Europe, or territory under the control of another Axis power between 1933 and 1945. The law's primary target was Jewish Holocaust survivors alleged to have collaborated with the Nazis, in particular prisoner functionaries ("kapos") and the Jewish Ghetto Police. It was motivated by the anger of survivors against perceived collaborators and a desire to "purify" the community.

Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.

References

  1. ↑ "Israel will Todesstrafe für Terroristen einführen". FAZ.NET (in German). 2017-12-17. ISSN   0174-4909 . Retrieved 2023-05-25.
  2. ↑ Mishnah Makot 1:10
  3. ↑ Moses Maimonides, The Commandments, Neg. Comm. 290, at 269–71 (Charles B. Chavel trans., 1967).
  4. ↑ "Conservative Responsa in Israel - Masorti Responsa - Schechter Institute of Jewish Studies - SIJS". www.responsafortoday.com. Retrieved 2015-07-16.
  5. ↑ Shaul, Hon (1961-02-17). "מיתת־תליה" – חודש הסעיף שבוטל"" ["Bed of hanging" – the clause which was cancelled was renewed]. Maariv (in Hebrew). p. 23. Retrieved 2015-07-16.
  6. ↑ רויכמן, ינון (14 December 2006). "הנידונים למוות". Ynet.
  7. ↑ "Abolition of Death Penalty in Israel Proposed by Cabinet". Jewish Telegraphic Agency. 1951-10-30. The Israel Cabinet last night decided to submit to the Parliament a law proposing abolition of the death penalty.
  8. ↑ "Israel Will Not Carry out Death Sentences Immediately". Jewish Telegraphic Agency. 1953-12-17. Retrieved 2015-07-16. The Israel Government has no intention of proceeding at this time with execution of death penalties, Minister of Justice Pinhas Rosen told Parliament's legal committee tonight in a statement [...]
  9. ↑ "First Israeli Sentenced to Death for Torturing Nazi Victims". Jewish Telegraphic Agency . January 7, 1952. Retrieved 2020-04-28.
  10. ↑ "The Nazi Collaborator Who Served Ice Cream in Tel Aviv". Haaretz. December 20, 2015. Retrieved 2020-04-28.
  11. ↑ "הנ ידון למוות - שוחרר מהכלא - מעריב, 18/03/1959" [Sentenced to death - released from prison - Maariv, 18/03/1959]. Maariv (in Hebrew). March 18, 1959. Retrieved 2020-04-28.
  12. ↑ "Israel Parliament Votes to Abolish Capital Punishment". Jewish Telegraphic Agency. 1954-02-17. Retrieved 2015-07-16. The Israel Parliament today abolished the death penalty for the crime of murder. The vote was 61 to 33, with two abstentions.
  13. 1 2 Levinson, Chaim (20 May 2011). "IDF Expected to Seek Death Penalty for Killers of Fogel Family". Haaretz.
  14. ↑ IDF court gives Palestinian five life sentences for Itamar murders
  15. ↑ "Knesset votes down death penalty for terrorists 94-6". The Jerusalem Post. Retrieved 2015-07-16.
  16. ↑ "Shomron Honors Druze Soldier Murdered at Tapuach Junction". Israel National News. 22 February 2011. Retrieved 24 July 2017.
  17. ↑ "Netanyahu demands death penalty for Halamish terrorist". Times of Israel. 27 July 2017. Retrieved 27 July 2017.
  18. ↑ "Gesetzesinitiative: Israel will Todesstrafe für Terroristen einführen". Faz.net.
  19. ↑ "Israeli death penalty advocates win preliminary vote in parliament". Reuters. 3 January 2018.
  20. ↑ Israel is now considering to bring back capital punishment to deal with the resistance. from : aljazeera.com
  21. ↑ "ליברמן: "נגיש חוק עונש מוות למחבלים"". ישראל ביתנו (in Hebrew). 2015-02-17. Archived from the original on 2019-06-21. Retrieved 2020-05-30.
  22. ↑ "Liberman: We will not give up until death penalty bill is approved". The Jerusalem Post | JPost.com. Retrieved 2020-11-18.
  23. ↑ "Israel passes initial vote approving death penalty against terror offenders".
  24. ↑ "Israel passes initial reading of controversial death penalty bill".
  25. ↑ "I24NEWS".
  26. ↑ "Poll: 70% of Israelis support death penalty for Palestinian terrorists".
  27. ↑ "Over 70% of Jewish Israelis support death penalty for terrorists — poll". The Times of Israel .
  28. ↑ "70 Percent of Israeli Jews Support Death Penalty for Terrorists, Survey Shows". Haaretz.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.