Palestinians in the occupied West Bank have voiced alarm over a newly passed Israeli law that makes the death penalty the default sentence for Palestinians convicted of lethal attacks. Critics warn that the law could allow executions without due process.
Although the legislation technically applies to all Israeli citizens, legal experts note that by defining punishable lethal attacks as those aimed at negating Israel’s existence, it is highly unlikely Jewish Israelis would face execution under the law.
Supreme Court Challenge Expected
Israeli legal scholars anticipate the law will face immediate scrutiny. Experts argue it breaches international conventions, including the Fourth Geneva Convention, which guarantees a minimum six-month period between sentencing and execution, as well as the right to petition for pardon.
Mordechai Kremnitzer of the Israel Democracy Institute noted, “The likelihood of executions in the near future is low. Judges are expected to oppose capital punishment, which conflicts with universal and Jewish moral standards.”
Military Courts Under Scrutiny
The law stipulates hanging as the method of execution and mandates that sentences be carried out within 90 days, with minimal provision for clemency. Critics highlight the high conviction rate in military courts in the West Bank, where Palestinian cases are tried. According to B’Tselem, these courts have a 96 percent conviction rate and a history of extracting confessions under duress.
Families of prisoners have staged protests in Ramallah, expressing fear that loved ones could face execution without fair trial procedures.
Disproportionate Application to Palestinians
Legal experts emphasize that the law disproportionately targets Palestinians. Suhad Bishara of Adalah, a Palestinian human rights organization, stated, “Military courts have no basic guarantees for a fair trial, and Israel’s parliament does not have jurisdiction to legislate in occupied territory.”
Similarly, Debbie Gild-Hayo of the Association for Civil Rights in Israel noted that the law’s phrasing ensures it will almost exclusively apply to Palestinians, leaving Jewish Israelis largely unaffected.
International Condemnation
The legislation has drawn global criticism for violating international humanitarian law. The UN rights chief condemned it as contrary to established legal protections, and human rights organizations warn it exacerbates tensions amid already high levels of settler violence in the West Bank.
Israeli monitoring groups note that attacks by settlers on Palestinians rarely result in indictments, highlighting stark disparities in the application of justice.
Scope and Limitations of the Law
The law applies only to future criminal acts and would not retroactively affect hundreds of Hamas militants involved in the October 7, 2023 attacks, according to legal organizations. Estimates suggest 45 to 47 Palestinians awaiting sentencing could be impacted once the law takes effect.
Amnesty International has criticized the death penalty globally, noting there is no evidence that capital punishment deters crime more effectively than life imprisonment.
Political Context
For Israel’s far-right, the law represents a political victory, fulfilling a campaign promise by Itamar Ben-Gvir and his Jewish Power party. They argue the death penalty could deter Palestinians from deadly attacks and kidnappings aimed at negotiating prisoner swaps.
Analysis
The passage of this law reflects a troubling consolidation of power and a starkly asymmetrical legal system in the occupied territories. While framed as a measure to deter violence, it exposes Palestinians to a highly politicized judicial process and risks inflaming an already volatile situation. The law is unlikely to stand the test of Israel’s Supreme Court or international law, yet its symbolic and practical implications are significant.
By applying capital punishment selectively, Israel reinforces structural inequality and signals that Palestinian lives are treated differently from Jewish citizens. International condemnation is likely to increase, but without sustained diplomatic pressure, the law could embolden far-right political factions and entrench punitive policies.
The broader risk is that the legislation undermines prospects for peace by exacerbating resentment and mistrust among Palestinians, feeding cycles of violence rather than addressing security concerns through equitable and legal means. Human rights organizations and global actors must closely monitor the situation and advocate for adherence to due process, highlighting the dangers of policies that prioritize punitive measures over justice and reconciliation.
With information from Reuters.
