Israel passes law to give death penalty to Palestinians convicted of lethal attacks

Original article by Lorenzo Tondo in Jerusalem

Israel’s parliament has passed a law imposing the death penalty on Palestinians convicted of fatal attacks, a measure sharply criticised as discriminatory by European countries and rights groups.

The legislation makes the death penalty the default punishment for Palestinians in the Israeli-occupied West Bank found guilty of intentionally carrying out deadly attacks deemed acts of terrorism by a military court.

According to the bill, those sentenced to death will be held in a separate facility with no visits except for from authorised personnel, with legal consultations conducted only by video link. Executions will be carried out within 90 days of sentencing.

Israel has rarely used the death penalty, applying it only in exceptional cases. The Nazi war criminal Adolf Eichmann was the last person to be executed, in 1962.

The national security minister, Itamar Ben-Gvir, one of the bill’s strongest backers, has repeatedly worn a noose-shaped lapel pin, symbolising executions under the proposal. He described hanging as “one of the options” alongside the electric chair or “euthanasia”, claiming some doctors had offered to assist.

A security committee made some amendments to the bill, which last week passed its first vote. Israel’s public broadcaster KAN reported that executions would be carried out by hanging.

The measure will allow courts to impose the death penalty without a request from prosecutors and without requiring unanimity, instead permitting a simple majority decision. Military courts in the occupied West Bank will also be empowered to hand down death sentences, with the defence minister able to submit an opinion.

For Palestinians under occupation, the bill closes off avenues for appeal or clemency, while prisoners tried inside Israel could have their sentences commuted to life imprisonment.

The legislation, initiated by the far-right Otzma Yehudit party led by Ben-Gvir, has drawn sharp criticism from opponents who warned it would mark a significant escalation in Israel’s penal policy.

Military officials and ministries have said the bill could breach international law and expose Israeli personnel to arrest abroad.

Once enacted, the law formally enters into force but it can still be reviewed – and potentially struck down – by Israel’s supreme court.

Directly before voting began, Ben-Gvir made a bellowing speech from the podium, describing the law as long overdue and a sign of strength and national pride.

“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 said.

When the measure passed, the chamber erupted into cheers and Ben-Gvir brandished a bottle in celebration. The Israeli prime minister, Benjamin Netanyahu, who had come to the chamber to vote yes in person, sat motionless.

Israel’s leading rights groups decried the law as “an act of institutionalised discrimination and racist violence against Palestinians”. The Association for Civil Rights in Israel said it filed an appeal against the law with Israel’s supreme court.

The Palestinian president, Mahmoud Abbas, condemned the legislation as a breach of international law and a doomed bid meant to intimidate Palestinians.

“Such laws and measures will not break the will of the Palestinian people or undermine their steadfastness,” his office said in a statement. “Nor will they deter them from continuing their legitimate struggle for freedom, independence, and the establishment of an independent Palestinian state with East Jerusalem as its capital.”

Last month UN experts called on Israel to withdraw the bill, warning it would violate the right to life and discriminate against Palestinians in the occupied territories. They said the measure removed judicial discretion, preventing courts from weighing individual circumstances or imposing proportionate sentences. They said hanging constituted torture or cruel, inhuman or degrading punishment under international law.

The EU’s diplomatic service also condemned the proposal, saying capital punishment breached the right to life and risked violating the absolute prohibition on torture.

In February, Amnesty International urged Israeli lawmakers to reject the legislation, which it said “would allow Israeli courts to expand their use of death sentences with discriminatory application against Palestinians”.

On Sunday, Britain, France, Germany and Italy expressed “deep concern” over the legislation, which they said risked “undermining Israel’s commitments with regards to democratic principles”.