Israel’s parliament ratified a law establishing death by hanging as the standard punishment for Palestinians found guilty of fatal attacks in military courts. This legislation fulfills a significant commitment made by Prime Minister Benjamin Netanyahu’s far-right coalition partners. The law has garnered widespread international condemnation, with critics labeling it both discriminatory and unconstitutional.

Disparities in Application of the Law

The new legal framework stipulates that Israelis convicted of murder will face the death penalty only when the offense is related to efforts to “end Israel’s existence.” Opponents assert that this clause essentially guarantees that Palestinians, but not Jewish Israelis, are subject to the death penalty for comparable offenses. The law mandates that executions occur within 90 days of sentencing, allowing minimal opportunities for delays and completely excluding the possibility of clemency. Life imprisonment remains an option for the courts, but only under unspecified “special circumstances.”

Abolition of the Death Penalty for Murder

Israel officially discontinued the death penalty for murder in 1954, with the exception of Adolf Eichmann, who was executed in 1962 after a civilian trial as a key figure in orchestrating the Holocaust. Although military courts operating in the occupied West Bank have always had the authority to impose death sentences, this power was never previously utilized.

Support from Far-Right Officials

The legislation was largely advocated by Itamar Ben-Gvir, the National Security Minister, who made a statement regarding the law’s intent. In a parliamentary session, he proclaimed, “This is a day of justice for the murdered, a day of deterrence for enemies,” asserting that “whoever chooses terror chooses death.” Ben-Gvir also wore lapel pins shaped like nooses in anticipation of the vote.

Palestinian Response and Concerns of Escalating Violence

In response, Palestinian President Mahmoud Abbas denounced the new law, deeming it a breach of international legislation intended to instill fear among Palestinians. Abbas’ office released a statement emphasizing that such measures would not suppress the determination of the Palestinian people or hinder their quest for freedom and statehood, with East Jerusalem as its capital. Both Hamas and Islamic Jihad condemned the legislation, calling for retaliatory measures, highlighting the increasing tension in the region.

Criticism from Human Rights Organizations

Israeli human rights organizations characterized the law as a form of institutionalized discrimination and an act of violence against Palestinians. The Association for Civil Rights in Israel announced its intention to appeal the law to the Supreme Court, claiming that it contravenes democratic principles and may be unconstitutional. The bill garnered support from 62 members of the 120-seat Knesset, with Netanyahu casting his vote in favor, reportedly after attempting to negotiate milder provisions to minimize backlash from the international community.

International Reactions

The legislation faced criticism from several European nations, including Germany, France, Italy, and Britain, who noted its “de facto discriminatory” nature toward Palestinians. Additionally, U.N. experts expressed concern that the vague definitions of “terrorist” within the law could lead to capital punishment for actions that do not genuinely fall under terrorism. Amnesty International remarked that there is no evidence suggesting that the death penalty is more effective than life imprisonment in preventing crime.

Context of Increasing Global Scrutiny

This legislative development occurs amid heightened global scrutiny regarding settler violence in the West Bank as well as the ongoing conflict in Gaza. Legal analysts in Israel believe that the Supreme Court could potentially overrule the new law.

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