Israel's New Death Penalty Law Is Performative Politics That Will Cause Harm Without Achieving Its Goals
Source: Daniel B. Shapiro. "Smirking Past the Gallows - The Atlantic." April 1, 2026. www.theatlantic.com
The Gist
Israel just passed a death penalty law for terrorists, but it's really just political theater. The law will probably be thrown out by courts and won't actually make Israel safer - it might even make things worse by encouraging more extreme attacks.
Conclusion
Israel's new death penalty law for terrorists is primarily performative politics that will likely be struck down by courts and cause real damage to Israel's interests without achieving its stated security objectives
Premises
- The law's sponsor Ben-Gvir celebrated its passage in a glib, performative manner that reveals its true political purpose
- The law will likely be struck down by Israel's Supreme Court, making it ineffective as actual policy
- Even if upheld, the law contains loopholes and vague provisions that make enforcement unlikely
- Netanyahu supported the law knowing it would be struck down, allowing him to blame liberal institutions when it fails
- Security professionals argue the death penalty will increase rather than decrease terrorist incentives by making perpetrators believe they have nothing to lose
- The law creates discriminatory two-tier justice that will harm Israel's international reputation and embitter Palestinians
- The law's passage coincides with increasing Israeli extremist violence in the West Bank that goes largely unpunished
Assumptions
- Performative political gestures can cause real harm even when not implemented
- Israel's Supreme Court will maintain its historical opposition to the death penalty
- Security policy should be based on expert assessment rather than political symbolism
- International reputation and Palestinian public opinion matter for Israel's long-term security
- Deterrence theory suggests that making consequences more severe can backfire in terrorism contexts