Israel passes death penalty law for Palestinians

Israel's parliament passed a law March 30 mandating the death penalty for Palestinians convicted of deadly terrorist acts — a penalty that does not apply to Israeli citizens convicted of the same crimes. 

Law and scope

The Knesset, Israel’s house of representatives, voted 62-47 to pass the "Death Penalty for Terrorists" bill. Under the new law, every West Bank Palestinian convicted in an Israeli military court of a deadly act of terrorism could face a mandatory death sentence by hanging, to be carried out within 90 days.

The law removed two procedural safeguards that previously limited the use of the death penalty: Judges no longer need a request from prosecutors to impose a death sentence and may do so on their own, and a simple majority of the military panel is now sufficient to approve an execution, whereas before every judge had to agree unanimously.

Political backing

National Security Minister Itamar Ben-Gvir wrote the law and his Otzma Yehudit (Jewish Power) coalition pushed for its passage. Israeli Prime Minister Benjamin Netanyahu traveled to the chamber to cast his vote in favor.

The U.S. Congressional Research Service has said Netanyahu’s inclusion of Ben-Gvir in his government raised questions about Israel’s democratic institutions because Gvir was convicted in 2007 of incitement to racism against Arabs and support for the group Kach, which is designated as a terrorist organization by both Israel and the U.S.

In the run-up to the vote, Ben-Gvir and fellow Otzma Yehudit lawmakers wore noose-shaped lapel pins to show their support for the controversial measure.

After the vote passed, Ben Gvir opened champagne outside the chamber and said, "Whoever takes a life, the state of Israel will take their life.”

He called the law “historic” and said, "Soon we will count them one by one."

Otzma Yehudit lawmaker Limor Son Har-Melech celebrated alongside Amiram Ben-Uliel, an Israeli settler. She formally introduced the bill and has publicly stated that there is “no such thing as a Jewish terrorist.” While speaking at a fundraiser for convicted terrorist Amiram Ben Uliel, she called him a “holy righteous man” and insisted he was innocent. Ben Uliel was convicted in 2020 on three counts of murder for burning a Palestinian couple and their 18-month-old baby alive.

Separate legal systems

Israeli citizens and residents are explicitly excluded from the new provision, since Israeli settlers are tried in civilian courts. The new law only applies to military courts, which are used to try Palestinians. 

The two court systems produce starkly different outcomes: Palestinians face a 99.74% conviction rate in military courts, according to the Israeli human rights organization Yesh Din, while Israeli settlers charged with violence against Palestinians see roughly a 3% conviction rate in civilian courts.

One investigation found the military courts system conducted hearings in Hebrew, a language many Palestinian defendants don't understand. 

HaMoked, an Israeli legal rights center that publishes Israel Prison Service data, reports that 9,446 Palestinians are held in Israeli prisons as of March. Of those, 4,691 are held under administrative detention, meaning they are imprisoned without charge.

Language and designation

According to the wording of the bill, the new law's purpose is to "establish the death penalty for terrorists who carried out murderous terror attacks, as part of the fight against terrorism." 

In the past, Israeli authorities have applied the label “terrorist” broadly. In one case involving two children who were gathering firewood, the Israel Defense Forces claimed counterterrorism operations after shooting them, saying the two children were “suspects” who had approached troops posing an immediate threat. 

In other incidents along the same boundary, the military has repeatedly described Palestinian civilians and children killed in similar circumstances as “terrorists.” 

International response

The law also removes additional safeguards: Executions will be carried out with the identities of the sentenced concealed, case information classified, and officials exempted from personal liability, according to Adalah, an Israeli Arab rights organization.

The European Union warned March 24 that it "opposes capital punishment in all cases and under all circumstances," urging Israel to honor its obligations under the EU-Israel Association Agreement. Britain, France, Germany, and Spain echoed those concerns after the final vote, calling the law a "step towards apartheid.” Italy’s prime minister also spoke out, saying, “I condemn the massacre of Palestinian civilians.” 

UN human rights chief Volker Türksaid the law "raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed." In an earlierstatement, Türk said applying it in occupied territory "would constitute a war crime.”