Israel’s Parliament has passed a new law endorsing the death penalty for Palestinians who are found guilty of murdering Israelis. The approval of this legislation comes after a prolonged effort by Israel’s far-right to increase penalties for Palestinians convicted of crimes against Israelis. Prime Minister Benjamin Netanyahu personally voted in favor of the bill during the session.
Under this new law, the default punishment for West Bank Palestinians convicted of nationalistic killings will be the death penalty by hanging. Israeli courts will now have the discretion to impose either the death penalty or life imprisonment on their own citizens. It is important to note that this law will only be applied to future cases and is not retroactive.
Critics, including Israeli and Palestinian rights groups, have strongly condemned the law, labeling it as racist and draconian. They argue that it is unlikely to serve as a deterrent to attacks by Palestinian individuals. The passing of the bill was met with cheers in the chamber, with Israel’s Minister of National Security, Itamar Ben-Gvir, celebrating with a bottle while Netanyahu remained impassive.
Shortly after the bill’s passage, the Association of Civil Rights in Israel announced that they had petitioned the country’s highest court to challenge the law, citing concerns about discrimination and lack of legal authority over West Bank Palestinians. The legislation specifies that the death penalty will come into effect within 30 days.
Emphasizing the significance of the new law, Ben-Gvir delivered a passionate speech before the voting process, describing it as a symbol of strength and national pride. The bill has faced criticism from various quarters, including Israelis, Palestinians, international rights organizations, and the United Nations, who argue that it creates a disparity between Israeli court systems, potentially limiting the death penalty to Palestinians convicted of murdering Jewish citizens of Israel.
The bill mandates military courts to sentence individuals found guilty of murdering an Israeli as an act of terror. These military courts exclusively try West Bank Palestinians and have the authority to commute the sentence to life imprisonment in certain circumstances. On the other hand, Israeli courts, which have jurisdiction over Israeli citizens, including Palestinian citizens of Israel, can opt for either life imprisonment or the death penalty in cases involving murder targeting Israeli citizens or residents with the intent of challenging the existence of the state of Israel.
Critics, such as Amichai Cohen from the Israel Democracy Institute, have raised concerns about the distinctions drawn by the law, highlighting potential issues with its application in territories under military jurisdiction. The bill has also faced scrutiny for its lack of provisions for clemency and its adherence to international conventions.
While Israel technically permits the death penalty for specific offenses, including acts of genocide and certain terror-related crimes, the country has not executed anyone since 1962. The law will not be retroactively applied to militants involved in the October 7, 2023 attack, with a separate bill addressing the punishment for those individuals under consideration.
Opposition lawmakers have expressed apprehensions about the potential impact of the law on future hostage negotiations, citing concerns about potential repercussions. Additionally, advocacy groups like the Public Committee against Torture in Israel have highlighted the country’s previous support for abolishing the death penalty at the United Nations and the security implications raised by Israel’s Shin Bet agency regarding the potential escalation of violent acts by Palestinian militants.