Israel’s parliament has passed a law making the death penalty the default sentence for Palestinians convicted of deadly terror attacks. The bill passed its third and final reading in the Knesset on Monday by 62 votes to 48, with Prime Minister Benjamin Netanyahu voting in favour.
Under the new legislation, Palestinians convicted in Israeli military courts for deadly attacks deemed “acts of terrorism” could be executed by hanging within 90 days, with a possible extension of up to 180 days. In theory, Jewish Israelis could also face the death penalty, but in practice this would almost certainly not occur, as executions apply where the attack is intended to “negate the existence of the state of Israel.”
Far-right push and supporters’ arguments
The law was championed by far-right National Security Minister Itamar Ben-Gvir. Following the vote, Ben-Gvir posted on X: “We made history!!! We promised. We delivered.”
Supporters, including Limor Son-Har-Melech, whose husband was killed in a Palestinian attack, argued the law prevents terrorists previously released from returning to deadly violence. Son-Har-Melech cited the 7 October 2023 attacks as an example of failures in past prisoner releases.
Criticism and legal challenges
Opposition leaders, human rights organisations, and the international community have strongly criticised the law. Yair Golan, head of the Democrats party, said it was “an unnecessary piece of legislation” unlikely to enhance security and warned of potential international sanctions.
The UK, France, Germany, and Italy expressed “deep concern,” highlighting risks to Israel’s democratic commitments. The Palestinian Authority condemned the law as legitimising extrajudicial killings, while Hamas called on the international community to protect Palestinian prisoners in Israeli jails.
Amnesty International urged the law’s repeal, warning it strips Palestinians of fair-trial safeguards. The Association for Civil Rights in Israel has petitioned the Supreme Court, describing the law as “unconstitutional, discriminatory by design, and lacking legal authority for West Bank Palestinians.” The Supreme Court must now decide whether to hear the challenge.
Rare application of the death penalty in Israel
Israel has only executed two individuals in its history, including Nazi official Adolf Eichmann, responsible for the Holocaust. The new law marks a dramatic expansion of capital punishment within Israeli legislation, raising legal, ethical, and international concerns.
Strong condemnation of controversial legislation
The Palestinian Embassy in Cyprus has expressed its “categorical condemnation” and “complete rejection” of the Israeli parliament’s approval of a law allowing the execution of Palestinian hostages. The embassy stated that the decision constitutes a blatant violation of international humanitarian law and directly undermines justice, human dignity, and fundamental legal principles.
Violations of international law
According to the embassy, the law breaches the Fourth Geneva Convention, particularly regarding the protection of persons under occupation and guarantees of fair trial, as well as the International Covenant on Civil and Political Rights. It describes the measure as arbitrary, punitive, and outside any legal or moral framework.
The embassy criticised Israeli National Security Minister Itamar Ben-Gvir, noting his celebratory actions following the law’s passage, as an example of how Palestinians are treated under Israeli policies. The statement highlights the contrast between Israel’s claims of “civilised” defence rights and the punitive measures imposed on Palestinians.
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