Jerusalem: Israel’s parliament, the Knesset, has approved legislation that significantly broadens the use of capital punishment, particularly in cases involving Palestinians tried in military courts in the occupied territories.

The amendment modifies existing penal laws and introduces stricter sentencing provisions, including limited scope for appeals and clemency.

What the new law does

The updated legislation allows courts to impose the death penalty more easily in certain terrorism-related convictions. In military courts operating in the occupied West Bank, the death sentence may now become the default punishment for specific offences, with judges required to justify any reduction to life imprisonment. The law also restricts the appeals process and removes meaningful opportunities for pardon in such cases.

How the system will function

Under the revised framework, military tribunals made up of judges and officers can impose the death penalty by a simple majority. In some instances, prosecutors are not required to request capital punishment for it to be considered. The law also allows for executions to be carried out within a limited timeframe after final sentencing, with restricted access to legal counsel and detention conditions that include limited communication.

What the law changes

The amendment expands the scope of capital punishment, especially within military courts handling cases involving Palestinians in the occupied territories. It lowers procedural safeguards and allows faster sentencing with limited judicial discretion.

Why critics call it unfair

Critics argue the law creates a dual legal system where Palestinians are tried under military courts while Israeli citizens are tried under civilian courts, leading to unequal legal standards for similar offences. This difference is at the core of the discrimination concerns raised by human rights groups.

Concerns over due process

The reduced scope for appeals, limited access to legal counsel, and reliance on military tribunals have raised concerns about whether fair trial standards are being met. Experts argue that weakened safeguards increase the risk of irreversible judicial outcomes.

Why it is considered inhuman by opponents

Human rights organisations argue that expanding capital punishment, especially with restricted legal remedies, violates the right to life and may amount to cruel or degrading treatment. The use of hanging and tight execution timelines has further intensified these concerns.

International reaction

Global responses have been largely critical. Governments from several European countries and United Nations experts have expressed concern that the law could undermine democratic principles and international legal obligations. Amnesty International and other rights groups have also warned about potential discrimination and misuse.

Legal and political implications

The law has sparked debate about its compatibility with international humanitarian law, particularly in occupied territories. Legal experts suggest it could face challenges in Israel’s Supreme Court, while politically it reflects the stance of the current governing coalition and its approach to security and deterrence.

Beyond Israel, the development is being watched as part of a broader global discussion on the death penalty, which many countries have been moving away from. The controversy highlights tensions between national security policies and international human rights standards.

Historical context

Israel abolished the death penalty for most crimes decades ago and has not carried out an execution in over 60 years. The only widely recognised execution in modern Israeli history was Adolf Eichmann in 1962 following a civilian trial. The new legislation marks a notable shift in policy by reintroducing the possibility of capital punishment in specific circumstances.

Supporters of the law argue that it may act as a deterrent against attacks and reduce hostage-taking risks. However, critics contend that it could escalate tensions, deepen divisions, and affect ongoing regional dynamics. The legislation also reflects broader political positions within Israel’s current governing coalition and comes amid heightened scrutiny from international actors.