Israel’s legislative body has approved a new law that establishes the death penalty as the primary punishment for Palestinians found guilty of killing Israelis. The legislation represents a significant win for the far-right faction in the country, which has been advocating for stricter penalties for Palestinians involved in attacks with nationalistic motives. Prime Minister Benjamin Netanyahu showed his support for the measure by attending the vote in person.
According to the law, Palestinians from the West Bank convicted of murder will be subject to hanging, while Israeli courts have the authority to impose either the death penalty or life imprisonment on Israeli citizens. It is important to note that this law will not be applied retroactively but will be enforced only in future cases.
Various human rights organizations in Israel and Palestine have strongly criticized the law, labeling it as discriminatory, severe, and unlikely to deter future attacks. The passing of the bill was met with cheers in the chamber, with National Security Minister Itamar Ben-Gvir, a key proponent of the law, celebrating the moment by waving a bottle. In contrast, Netanyahu remained impassive during the proceedings.
One of the bill’s sponsors, far-right lawmaker Limor Son Har-Melech, was seen wiping tears from her eyes after the vote. Her personal connection to the issue, having lost her first husband in a West Bank attack by a Palestinian militant, added emotional weight to the occasion.
Following the approval of the law, the Association of Civil Rights in Israel swiftly lodged a petition with the country’s Supreme Court, arguing that the law is inherently discriminatory and lacks legal validity concerning Palestinians from the West Bank. Executions are scheduled to occur within 30 days of sentencing.
Ben-Gvir, expressing his views before the vote, hailed the law as long overdue and a demonstration of national pride. He emphasized that the law sends a clear message that those who take lives will face severe consequences in Israel. Critics, including individuals and organizations from various backgrounds, have raised concerns that the law sets up a biased system in Israel’s judiciary, predominantly targeting Palestinians convicted of murdering Jewish individuals.
The sentencing for cases falling under this law will be handled by military courts, which solely try West Bank Palestinians. However, these courts have the discretion to commute the death penalty to life imprisonment under specific circumstances. Meanwhile, Israeli courts, responsible for cases involving Israeli citizens, including Palestinian citizens of Israel, can impose life imprisonment or the death penalty in situations where the intent was to harm citizens or challenge the existence of Israel.
Experts have highlighted significant issues with this distinction, pointing out that the law applies only to territories with military courts and targets attacks motivated by undermining Israel, thereby excluding Jews from its scope. Furthermore, concerns have been raised over the international legality of Israel legislating in the West Bank.
Legal advisers to the parliament have flagged several concerns, including the denial of clemency, contradicting international norms, and the requirement for executions to be carried out within 90 days. Although Israel technically allows the death penalty for specific offenses like genocide and wartime espionage, no executions have taken place since 1962 when Nazi war criminal Adolf Eichmann was put to death.
It is worth noting that the new law does not impact the attackers currently detained from the October 7, 2023 assault, as a separate bill is being considered for their sentencing. Some opposition lawmakers fear that the law could complicate future hostage negotiations, referencing Israel’s past exchanges of thousands of Palestinian prisoners for hostages taken during the 2023 attacks.
The Public Committee Against Torture in Israel pointed out that historically, the country has supported abolishing the death penalty at the United Nations. Even Shin Bet, Israel’s security agency, had previously opposed executions, citing concerns about possible retaliatory attacks by Palestinian militants.
In summary, the new law introducing the death penalty for certain criminal offenses in Israel has sparked intense debate and criticism from various quarters, raising questions about its fairness, legality, and potential implications on the country’s justice system and international standing.
