Jerusalem — Israel’s parliament, the Knesset, on Monday passed a highly controversial law making the death penalty the default punishment for Palestinians in the occupied West Bank convicted of fatal attacks classified as terrorism.
The legislation, approved by a vote of 62-48 (with one abstention), was championed by far-right National Security Minister Itamar Ben-Gvir and his Otzma Yehudit (Jewish Power) party. Prime Minister Benjamin Netanyahu voted in favor and attended the session in person.
The bill establishes the death penalty — to be carried out by hanging — as the default sentence in Israeli military courts for non-Israeli residents of the West Bank found guilty of intentionally committing deadly attacks deemed “acts of terrorism.” Executions are to occur within 90 days of sentencing, though some provisions allow limited flexibility in “special circumstances.”
Under the new law, those sentenced to death will be held in separate facilities with severely restricted visits, allowed only from authorized personnel, and legal consultations will be conducted via video link. The legislation removes the previous requirement for prosecutorial request or unanimous court decision, allowing a simple majority vote instead. It also empowers the defense minister to submit an opinion before sentencing.
Critics, including Israeli rights groups, European governments, and international organizations, have condemned the measure as discriminatory and a violation of international law, arguing it creates a two-tier justice system that applies almost exclusively to Palestinians tried under military law in the occupied territories, while Jewish Israelis accused of similar crimes are tried in civilian courts with different standards.
Key Provisions and Background
- Separate legal tracks: Palestinians convicted in West Bank military courts face near-mandatory death sentences, while those tried inside Israel may have sentences commuted to life imprisonment.
- Limited appeals and clemency: The law significantly restricts avenues for appeal or pardon for those sentenced in the occupied territories.
- Method of execution: Israel’s public broadcaster KAN reported that executions will be carried out by hanging. Ben-Gvir had previously mentioned hanging, the electric chair, or even “euthanasia” as options.
Israel has rarely used the death penalty in its history. The only execution carried out by the state was that of Nazi war criminal Adolf Eichmann in 1962.
Celebration and Strong Rhetoric
Before the vote, Ben-Gvir delivered a fiery speech from the Knesset podium, calling the law “long overdue” and a demonstration of national strength.
“From today, every terrorist will know, and the whole world will know, that whoever takes a life, the State of Israel will take their life,” he declared.
When the bill passed after nearly 12 hours of debate, coalition lawmakers erupted in cheers. Ben-Gvir brandished a bottle in celebration and later posted on social media: “We made history!!! We promised. We delivered.” He had repeatedly worn a noose-shaped lapel pin in the lead-up to the vote as a symbol of support for the legislation.
Sharp International and Domestic Criticism
The law has drawn widespread condemnation:
- Israeli rights groups, including the Association for Civil Rights in Israel (ACRI), described it as “an act of institutionalised discrimination and racist violence against Palestinians.” Several groups, including Adalah and Hamoked, have already filed or announced appeals to Israel’s Supreme Court, which can still review and potentially strike down the legislation.
- UN experts last month urged Israel to withdraw the bill, warning it violates the right to life, removes judicial discretion, and could amount to cruel, inhuman, or degrading punishment. They highlighted that military courts often fail to meet international fair trial standards.
- The European Union and several member states, including Britain, France, Germany, and Italy, expressed “deep concern,” stating the bill has a “de facto discriminatory character” and risks undermining Israel’s democratic principles and commitments against torture.
- Amnesty International called on lawmakers to reject the legislation, arguing it would expand the use of the death penalty in a discriminatory manner against Palestinians.
- Palestinian President Mahmoud Abbas condemned the law as a breach of international law and a failed attempt to intimidate Palestinians. His office stated that such measures “will not break the will of the Palestinian people” or deter their struggle for freedom and an independent state with East Jerusalem as its capital.
Military and legal officials within Israel had also warned that the bill could breach international law and expose Israeli personnel to arrest warrants abroad.
The legislation formally enters into force soon but remains subject to potential Supreme Court review. Opponents argue it represents a dangerous escalation in Israel’s penal policy amid ongoing tensions in the West Bank and Gaza.
The vote comes as Israel’s far-right coalition fulfills long-standing pledges to adopt harsher measures against Palestinian militants, while critics say it further entrenches unequal treatment under the law.
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