Israel’s parliament passed a law on Monday that allows the death penalty for Palestinians convicted of murdering Israelis. International communities and human rights organisations have condemned this controversial measure as discriminatory and inhumane.
Prime Minister Benjamin Netanyahu voted for the bill, which establishes the death penalty by hanging as the default punishment for West Bank Palestinians guilty of nationalistic killings. It also permits Israeli courts to impose the death penalty on Israeli citizens facing similar charges, though experts note the law primarily targets Palestinians.
The law will not apply retroactively to current prisoners, including Hamas militants involved in the 7 October 2023 attacks that ignited ongoing conflicts in Gaza. Following the 62-48 vote, lawmakers celebrated while Netanyahu remained silent.
National security minister Itamar Ben-Gvir, a key supporter of the legislation, and lawmaker Limor Son Har-Melech, who has personal ties to a militant attack, expressed their emotions during the session.
In view of legal challenges
The legislation is scheduled to take effect in 30 days; however, it is anticipated to encounter legal challenges that may postpone its implementation. Shortly after the bill was approved, the Association of Civil Rights in Israel announced that it had filed a petition with the country’s highest court to contest the law.
The organisation characterised the legislation as “discriminatory by design” and asserted that the parliament lacked legal authority to legislate over West Bank Palestinians, who are not Israeli citizens. Amichai Cohen, a senior fellow at the Israel Democracy Institute’s Centre for Democratic Values and Institutions, emphasised that, under international law, Israel’s parliament should refrain from legislating in the West Bank, as that area is not considered sovereign Israeli territory. Additionally, many members of Prime Minister Netanyahu’s far-right coalition are expressing a desire to annex the West Bank to Israel.
The Knesset is concerned
The vote concluded a daylong debate in parliament, during which lawmakers expressed concerns about the bill’s failure to allow clemency and its contradiction of international conventions. Opposition members urged their colleagues to vote against it.
Ben Gvir supported the law as a necessary assertion of strength, declaring, “From today, every terrorist will know that whoever takes a life, the State of Israel will take their life,” while wearing a small metal noose pin.
Gilad Kariv from the Democrats criticised the bill for permitting the death sentence without a unanimous judgment, questioning its alignment with justice and the sanctity of life. He argued it violates international law and risks turning Israeli soldiers into “war criminals.” Some, like Aida Sliman from Hadash, left the chamber in dismay before the vote concluded.
A law only for Palestinians
Experts identify two main components of the proposed legislation that would limit the death penalty to Palestinians. First, the bill sets the death penalty as the default punishment for nationalistic killings in military courts, which only try West Bank Palestinians. Military judges can only impose life imprisonment in special cases. In contrast, Israeli civilian courts would have more leniency, allowing judges to choose between the death penalty and life imprisonment.
Second, the bill defines the offence punishable by death as any killing that denies Israel’s existence, meaning it would apply only to Palestinian terrorists and not to Jews.
In response, foreign ministers from Australia, Britain, France, Germany, and Italy urged Israel to abandon the law, calling it “de facto discriminatory” and claiming the death penalty is unethical and ineffective as a deterrent.
The Secretary General of the Council of Europe, Alain Berset, has expressed deep concern over a new law in Israel that expands the death penalty, marking a significant regression in human rights. Israel abolished the death penalty for common crimes in 1954 and has not executed anyone since 1962. Berset emphasised that this law further distances Israel from its historically embraced values. The Council of Europe opposes the death penalty in all forms, especially when it could be applied discriminatorily in a rule-of-law context.
The bill against Israeli history
Israel has the death penalty on the books for certain crimes, including genocide and terrorism, but it has not executed anyone since Nazi war criminal Adolf Eichmann in 1962. The Public Committee Against Torture in Israel has highlighted that the country consistently votes to abolish the death penalty at the United Nations.
The Shin Bet security agency has historically opposed the death penalty, fearing it could incite revenge attacks by Palestinian militants. Some lawmakers worry that a new bill supporting the death penalty might jeopardise future hostage negotiations. This concern is heightened after Israel recently exchanged about 250 hostages taken during the October 2023 attack for thousands of Palestinian prisoners. Additionally, a separate bill is being considered regarding punishment for the attackers in the 7 October 2023 incident.
This article used information from The Associated Press.
