Israel passes law imposing death penalty for Palestinians convicted of terror attacks
Tel Aviv: Israel’s parliament, the Knesset, has passed controversial legislation mandating the death penalty for certain terrorism-related offences committed by Palestinians in the West Bank, prompting strong international criticism.
The bill, approved by 62 votes to 47 on Monday, was championed by National Security Minister Itamar Ben Gvir. It stipulates that individuals who kill an Israeli “with the intent to negate the existence of the State of Israel” will face capital punishment. Judges may instead impose life imprisonment only under loosely defined “special circumstances”, and any execution must be carried out within 90 days of sentencing.
Under the new law, only a simple majority of judges is required to impose the death penalty, and the right to appeal has been removed. The legislation will apply only to future cases and not retroactively, including those linked to the October 7 attacks, which are expected to be addressed separately.
Although Israel retains the death penalty in law, it has been used only once — in 1962 against Nazi war criminal Adolf Eichmann. Previously, capital punishment required a unanimous judicial decision and was limited to exceptional circumstances, a threshold never met in terrorism cases.
ALSO READ | Projectiles target container ship off Saudi coast: UKMTO reports near-miss near Ras Tanura
The new legislation applies exclusively to Palestinians, who are tried in military courts, while Israeli citizens are subject to civilian courts. Critics argue that the law’s definition of terrorism effectively excludes Jewish perpetrators.
The move has drawn condemnation from international bodies, including the United Nations and the European Union, as well as several European governments. Palestinian officials described the law as a dangerous escalation, accusing Israel of attempting to legitimise extrajudicial killing.
UN human rights officials reiterated their longstanding opposition to the death penalty under any circumstances, warning that the law may violate international legal standards, including protections against cruel or inhuman punishment and obligations under the International Covenant on Civil and Political Rights. Concerns were also raised about discrimination, as the measure applies solely to Palestinians in the occupied West Bank.
Volker Turk had earlier urged Israeli authorities to abandon proposals for mandatory death sentences, cautioning that such measures undermine the right to life and increase the risk of wrongful executions. He also warned that applying the law retroactively would breach fundamental principles of international law.
European leaders echoed these concerns. Alain Berset described the vote as a “major civilisational setback”, while Italy’s Foreign Minister Antonio Tajani said the measure contradicts international commitments towards a global moratorium on capital punishment.