Ben Gvir, the Death Penalty and Threats of Lawfare

Peloni

National Security Minister Itamar Ben Gviry ?? ????? – Own work, CC0, Wikipedia

On December 8, 2025, National Security Minister Itamar Ben Gvir sparked national controversy by wearing a yellow noose-shaped lapel pin during a Knesset National Security Committee hearing on a bill proposing the death penalty for Palestinians convicted of terrorism. The pin, matching the color of those worn in solidarity with Gaza hostages, symbolized his commitment to executing terrorists. Alongside his Otzma Yehudit party members, he declared that methods such as hanging, the electric chair, lethal injection, and the guillotine were all under consideration. Ben Gvir claimed to have received over 100 offers from doctors volunteering to assist in executions, thus contradicting claims that the medical community would refuse to support Ben-Gvir’s proposal.

The bill, sponsored by Otzma Yehudit party member MK Limor Son Har-Melech, passed its preliminary vote 39–16 and would impose a mandatory death sentence on Palestinians convicted of killing Israelis in “nationalistically motivated” attacks. Critics, including hostage families and negotiators, warned that advancing the law could endanger the remaining hostages held by Hamas by eliminating leverage for future prisoner exchanges.  Ben Gvir dismissed these concerns, asserting the law would enhance deterrence and even accelerate hostage returns.  I think in making this point, Ben-Gvir made the wrong argument.  Leveraging the death penalty against those seeking to become martyrs is a fruitless aim which might only appreciably affect a few of those seeking to become a shaheed for their cause of killing Jews.  The better and more frank defense of this law is that justice should be done, and that the focus of Jew ransoming has been on freeing those terrorists inside Israeli jails.  Hence, employing the death penalty for terrorism will have the dual benefit of both providing justice and eliminating a major motivating factor of Jew ransoming.

This incident occurred amid escalating tensions between Ben Gvir and Israel’s legal establishment. On December 2, 2025, Attorney General Gali Baharav-Miara formally warned Prime Minister Benjamin Netanyahu that Ben Gvir’s repeated violations of police independence provide a legal basis for petitions seeking his dismissal. In a detailed letter, she accused Ben Gvir of illegally interfering in police investigations, appointments, and operational policies, thus turning judicial safeguards into a “dead letter.” A key example is his blocking of Superintendent Rinat Saban’s promotion, a senior officer involved in Netanyahu’s corruption trial, which Baharav-Miara labeled a politically motivated abuse of power.

Baharav-Miara claims that an April 2025 agreement between the AG and Ben Gvir, meant to prevent such interference and upheld by the High Court, has been repeatedly violated. She concluded that it is no longer possible to defend Ben Gvir in court, and she is urging Netanyahu to act before she files the state’s response to dismissal petitions. Ben Gvir dismissed the claims made by Baharav-Miara, calling her a “criminal” and accusing her of attempting a “coup” and “extortion.”

The conflict then extended to the Ministerial Committee for Legislation, where a heated confrontation between Ben Gvir and Deputy Attorney General Gil Limon broke out over a bill which provides Justice Minister Yariv Levin the authority to appoint special prosecutors in cases involving the Attorney General. Limon accused Ben Gvir of systematic interference in criminal investigations, violating both related document and Supreme Court rulings. Ben Gvir response was defiant: “Who are YOU to threaten me?”, thus revealing the the broader power struggle which is gaining strength between the executive and legal branches.

These events highlight a deepening crisis over rule of law, judicial independence, and political accountability in Israel. Ben Gvir’s actions have both symbolic and institutional consequences which support the assertion of national sovereignty and security, despite his critics describing them as incitement, dehumanization, and erosion of democratic norms. Ben Gvir is threatening to resign if the death penalty bill stalls, threatening coalition stability and the raising pressure to support the bill.  Thus, ironically, as of December 8, 2025, the fate of both the Ben Gvir’s death penalty legislation as well as Ben Gvir’s tenure hangs in the balance as political considerations and lawfare tactics are each gaining attention.

Sources:

 Israel Hayom – Ben-Gvir Wears Noose Pin at Knesset Death Penalty Debate

The Times of Israel – AG to PM: Ben-Gvir’s violations justify dismissal demands

Matzav.com – “Who Are You to Threaten Me?” – Explosive Confrontation in Ministerial Committee