JERUSALEM (AP) — On Monday, Israel's parliament, known as the Knesset, passed a controversial law that approves the death penalty for Palestinians convicted of murdering Israelis. This measure has faced severe criticism from the international community and human rights groups, who label it as discriminatory and inhumane. The law represents a culmination of a yearslong campaign by far-right factions within the Israeli government to intensify punitive measures against Palestinians involved in nationalistic offenses against Israelis.
Prime Minister Benjamin Netanyahu personally attended the Knesset to vote in favor of the bill, which mandates the death penalty by hanging as the default punishment for Palestinians from the West Bank who are convicted of nationalistic killings. The law also gives Israeli courts the option to impose the death penalty on Israeli citizens found guilty of similar offenses, although legal experts suggest that its application will predominantly target Palestinian citizens, as it effectively excludes Jewish citizens from such sentences.
The newly passed legislation will not apply retroactively to current prisoners in Israel's custody, including those associated with Hamas who perpetrated attacks on October 7, 2023, an incident that has since escalated into the ongoing Israel-Hamas war in the Gaza Strip. Following the vote, which concluded with a tally of 62 in favor and 48 against, lawmakers celebrated, with some standing up and cheering. Netanyahu refrained from making an immediate comment.
Notably, Itamar Ben-Gvir, Israel's Minister of National Security and a prominent advocate for this law, celebrated its passage by brandishing a bottle. Limor Son Har-Melech, a far-right lawmaker and one of the original sponsors of the bill, expressed mixed emotions, smiling through tears as she commemorated the moment.
The law is expected to face a series of legal challenges. The Association of Civil Rights in Israel announced that it had already filed a petition with the country's Supreme Court to contest the law, arguing that it is inherently discriminatory and that the Knesset lacks legal authority over West Bank Palestinians, who are not Israeli citizens. Amichai Cohen, a senior fellow at the Israel Democracy Institute, pointed out that under international law, legislation should not be enacted regarding the West Bank, which is not acknowledged as sovereign Israeli territory.
Concerns surrounding the bill were articulated during discussions in the Knesset, where opposition members highlighted issues such as the absence of clemency provisions and the law's contradiction to international conventions. Before the vote, Ben-Gvir declared the law as a necessary step toward demonstrating strength and national pride, asserting that it would send a clear message that the state of Israel would impose capital punishment for those who take lives.
Expert analyses of the legislation suggest two primary components that limit the death penalty primarily to Palestinians. Firstly, the law establishes the death penalty as the standard punishment for nationalistic killings in military courts, which exclusively adjudicate cases involving West Bank Palestinians. Military judges can only convert this sentence to life imprisonment under exceptional circumstances. Conversely, Israeli civilian courts are afforded more discretion in choosing between death and life sentences.
Secondly, the law narrowly defines the offense punishable by death, focusing on killings that seek to undermine Israel's existence. According to Cohen, this focused application means that Jewish individuals will largely remain unindicted under this statute.
International criticism followed swiftly after the bill's passage, with foreign ministers from nations including Australia, Britain, France, Germany, and Italy issuing a joint statement urging Israel to abandon this legislation. They condemned the death penalty as unethical and ineffective for deterrence.
Israel's history regarding the death penalty is marked by notable exceptions; although it is legally sanctioned for acts of genocide and certain terrorist offenses, the country has not executed anyone since Adolf Eichmann in 1962. The Israeli Public Committee against Torture argues that Israel has consistently supported abolition of the death penalty in international forums. Concerns persist that this legislative move may also jeopardize future negotiations regarding hostages, considering that Israel has exchanged hostages captured during the October 2023 attacks for hundreds of Palestinian prisoners. Additionally, there is an ongoing separate bill regarding the punishment for those responsible for the attacks.
