A Jurisprudential and Legal Review of the Death Penalty for Netanyahu

 

The Execution of Netanyahu is a Necessity for Deterrence and Punishment for Corruption on Earth

Written by Hojjat Al Islam Dr. Hojjatollah Fathi, Faculty Member of the Department of Jurisprudence and Law, Research Institute for Islamic Culture and Thought  (IICT)

 

His Excellency Ayatollah Khamenei, during a meeting with a large group of Basij members from across the country, stated: “A mere arrest (sentence) is not enough; the death sentence for Netanyahu must be issued. The death sentence must be issued for the criminal Israeli leaders.”

 

 

Regarding this statement by the leader of the revolution, two perspectives can be considered:

one from within the religious framework and the other from outside the religious framework.

 

Four Severe Punishments from God for the Murderer of Believers

 

From an internal religious perspective, killing innocent people is one of the greatest crimes, and according to the Holy Qur’an, the murder of one innocent person is considered equivalent to the murder of all human beings. In verse 32 of Surah Al-Ma’idah, Allah the Almighty says: “… whoever kills a soul without [a soul being killed] or corruption on the earth—it is as if he has slain mankind entirely…” (مَنْ قَتَلَ نَفْساً بِغَيْرِ نَفْسٍ أَوْ فَسادٍ فِي الْأَرْضِ فَكَأَنَّما قَتَلَ النّاسَ جَمِيعاً)  (*Al-Ma’idah: 32*). “Whoever kills a human being without committing murder or spreading corruption on the earth, it is as if they have killed all of mankind.”

 

Due to the importance of preserving human life and in order to prevent the transgressions of criminals and wrongdoers, Allah has determined the worldly punishment for intentional murder as retaliation (Qisas) and the afterlife punishment for an intentional murderer as eternal torment in Hell. Allah the Almighty has stated regarding the worldly punishment of intentional murder: “And for you in retaliation is life, O people of understanding, that you may become righteous…” (*Al-Baqarah: 179*). “And for you in retaliation, there is life, O people of understanding, so that you may be conscious of God.”  (وَ لَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ)

 

Also, Allah has stated regarding the afterlife punishment for murder: “And whoever kills a believer intentionally, his recompense is Hell, to abide therein, and Allah is angry with him and has cursed him and prepared for him a great punishment.” (*An-Nisa: 93*). “And whoever kills a believing person intentionally, his reward is Hell, to remain therein forever, and Allah will be angry with him, will curse him, and will prepare for him a great punishment.”  (وَ مَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ خَالِداً فِيهَا وَ غَضِبَ اللَّهُ عَلَيْهِ وَ لَعَنَهُ وَ أَعَدَّ لَهُ عَذَاباً عَظِيماً)

 

In this verse, four severe punishments for the murderer are mentioned:

  1. Eternal abode in Hell
  2. Allah’s anger
  3. Allah’s curse
  4. A great punishment

 

Netanyahu and the Criminal Israeli Leaders are Exemplars of ‘Muharib’ and ‘Mufsid Fi Al-Ard’ (Spreading Corruption on Earth)

 

Furthermore, Netanyahu and the criminal Israeli leaders are clear examples of *muharib* (those who wage war against God and His Messenger) and *mufsid fi al-ard* (those who spread corruption on the earth). In verse 33 of Surah Al-Ma’idah, Allah the Almighty says: “Indeed, the penalty for those who wage war against Allah and His Messenger and strive to spread corruption on the earth is none but that they be killed or crucified, or that their hands and feet be cut off on opposite sides, or that they be exiled from the land…” (*Al-Ma’idah: 33*). “Indeed, the punishment for those who fight against Allah and His Messenger and strive to spread corruption on the earth is none but that they be killed, or crucified, or that their hands and feet be cut off on opposite sides, or that they be exiled from the land…”  (إِنَّما جَزاءُ الَّذِينَ يُحارِبُونَ اللّهَ وَ رَسُولَهُ وَ يَسْعَوْنَ فِي الْأَرْضِ فَساداً أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَ أَرْجُلُهُمْ مِنْ خِلافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ)  This disgrace and humiliation is their worldly punishment, and in the afterlife, they will face a great punishment.

 

Therefore, the death penalty for Netanyahu and the criminal Israeli leaders is in accordance with the verses, hadiths, and the sacred Sharia of Islam.

 

Life Imprisonment for a Criminal Like Netanyahu is Not Deterrent

From a non-religious perspective, the killing of an innocent person is a universally prohibited crime in all nations and cultures, and the murderer deserves punishment. In the Code of Hammurabi, the most just punishment for such a crime, which is retaliation (Qisas), is specified. According to international criminal law, genocide is defined as any act or attempt to physically destroy or eliminate, in whole or in part, a national, ethnical, racial, religious, or ideological group by another group, and it is a crime punishable by law.

 

Section (C) of the Nuremberg and Tokyo Trials Charter deals with crimes against humanity. According to this section, crimes against humanity included: murder, extermination, enslavement, deportation, and other inhuman acts committed against civilian populations.

 

The Convention on the Prevention and Punishment of the Crime of Genocide, adopted on December 9, 1948, by the United Nations General Assembly, declared that genocide is a crime under international law and is contrary to the spirit and objectives of the United Nations, condemning such acts. It acknowledges that throughout history, these actions have caused immense harm to humanity, and assures that international cooperation is necessary to protect humanity from such a catastrophic calamity. It has formulated provisions to combat these crimes.

 

The punishment for genocide, according to the Rome Statute of the International Criminal Court, consists of only life imprisonment and does not include the death penalty. Article 77 of the Rome Statute concerning “penalties to be imposed” states: “1. In accordance with article 110 of this Statute, the Court may impose one of the following penalties for a person convicted of any of the crimes listed in article 5: (a) A fixed term of imprisonment of no more than 30 years; or (b) Life imprisonment, provided the seriousness of the crime and the circumstances of the convicted person necessitate it.”

 

However, given the gravity of this crime and the failure of life imprisonment to act as a sufficient deterrent for such severe and heinous crimes, it is necessary to include the death penalty for these types of crimes in the statutes of the International Criminal Court.