Rosensaft: Israel’s death penalty law “undermines equality” and democratic values

In an opinion piece for The Times of Israel, Rosensaft wrote that the law, backed by Prime Minister Benjamin Netanyahu, National Security Minister Itamar Ben-Gvir and a parliamentary majority, effectively targets Palestinians in the West Bank convicted of deadly attacks.

“This law… effectively only applies to West Bank Palestinians… In doing so, they knowingly treat Palestinians as inferior,” Rosensaft wrote.

He stressed that he is not equating Israel with Nazi Germany, but warned against unequal application of laws, drawing historical parallels to discriminatory legal systems.

“I am decidedly not comparing Israel to Nazi Germany… I am, however, pointing out… that the newly enacted Israeli death penalty law reeks of discriminatory bigotry,” he said.

Rosensaft argued that the key issue is not the death penalty itself, but whether laws are applied equally.

“In a democracy laws must be applied equally regardless of an accused’s or a defendant’s race, nationality, or ethnicity,” he wrote.

He also cited Israeli opposition lawmaker Gilad Kariv, who described the legislation as “an immoral law” that contradicts the foundational values of Israel as a “Jewish and democratic state.”

According to Rosensaft, the law does not apply equally to violence committed by Israeli settlers against Palestinians.

“If an Israeli settler… were to be charged with murdering a Palestinian child, that settler would not face the gallows. This is discrimination in its most blatant form,” he wrote.

He further suggested the law reflects political concessions within the governing coalition.

“There must be some limits to a megalomaniacal lust for the retention of power,” Rosensaft said.

Opposition parties have announced plans to challenge the law before Israel’s High Court of Justice. Rosensaft expressed hope that it would be struck down “speedily and in our days.”

The controversial law was passed with support from the ruling coalition and applies to perpetrators of deadly attacks classified by Israeli authorities as terrorism. While not explicitly limited to any group, critics argue it could in practice be applied almost exclusively to Palestinians in the West Bank, raising concerns over equality before the law. Opposition parties and rights groups have signaled plans to contest the legislation before Israel’s Supreme Court.