Zoosman: Israeli death penalty most discriminatory law 'the world has witnessed since Hitler's Third Reich'

 Michael J. Zoosman writes at JuristNews:

Israel’s new death penalty law is one of the most discriminatory pieces of execution legislation that the world has witnessed since Hitler’s Third Reich. This incontrovertible truth is yet another reason why the Israeli Knesset’s recent passage of its heinous “Death Penalty for Terrorists” law on March 30 has effectively defiled this year’s observance of Yom Hashoah, the consummate Holocaust commemoration for Israel and Jews worldwide that is taking place as I write these very words. 

Let there be no doubt: the thousands of members of “L’chaim! Jews Against the Death Penalty” in Israel and abroad are against the death penalty in all cases. As the co-founder of this group, I am keenly aware that this has been the case since our founding in 2020, from the perpetrator of the Pittsburgh Tree of Life Synagogue Shooting in 2018 to the  Washington, D.C., Israeli Embassy murders in 2025, and countless other Jewish and non-Jewish men and women condemned to death across the world. We carry the torch of Holocaust survivor, Nobel laureate, and passionate death penalty abolitionist Elie Wiesel (1928-2016), who, when asked about capital punishment, responded without equivocation that “death should never be the answer in a civilized society.”

L’chaim members adhere to Wiesel’s reflections on the death penalty in the wake of the Holocaust, firmly stating: “With every cell of my being and with every fiber of my memory, I oppose the death penalty in all forms. I do not believe any civilized society should be at the service of death. I don’t think it’s human to be an agent of the Angel of Death.” Countless other Jewish and rabbinic abolitionists since the Holocaust have shared Wiesel’s position. Many of them recognized the direct Nazi legacies of various execution methods in the United States and elsewhere, from lethal injection and gassing to the firing squad.  

Nazi execution laws and protocols were arguably the most racist and vile of the modern era. They functioned not as a system of justice, but rather as a tool for racial persecution, social engineering, and the systematic elimination of the entire Jewish people and other perceived enemies. The laws targeted specific groups — primarily Jews, Roma, people with disabilities, and political opponents — based on the Nazi ideology of biological racism and the concept of “racial purity.”

Israel’s new death penalty law is far from the same as the above Nazi legislation. Yet, by calling for death specifically for Palestinians convicted of killing Israelis, while effectively excluding Israeli citizens and residents, it achieves something that few other societies have done since the time of the Nazis by entrenching an openly two-tiered system of capital “justice.” There can be no doubt that the Nazis’ targets of their dehumanization campaign were wholly innocent of any crimes. They selected their victims for who they were, not what they may or may not have done. This unequivocally contrasts with the would-be victims of Israel’s death penalty law, each of whom is ostensibly convicted of murderous terrorist actions. Still, a similar campaign of dehumanization of those ultimately condemned to death links both systems. The underlying narrative identifying perpetrators of any terrorist act as “monsters” is precisely the kind of thinking that allows an otherwise reasonable person—or “civilized society,” per Wiesel—to deem state-sponsored killing digestible. It is an insidious process that essentially removes the “human” from human rights. 

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