Israel's parliament has approved legislation introducing the death penalty for Palestinians convicted of carrying out deadly attacks classified as terrorism, a move that has drawn strong criticism both domestically and internationally. The bill passed with 62 votes in favor and 48 against, with Prime Minister Benjamin Netanyahu among its supporters, while the initiative was led by National Security Minister Itamar Ben Gvir, who publicly celebrated the outcome.
The new law establishes capital punishment, specifically by hanging, as the standard sentence for Palestinians in the West Bank found guilty of intentional killings in military courts. These courts, which have jurisdiction over Palestinians in the occupied territories, would be required to impose the death penalty in most cases, with only limited room to reduce the sentence to life imprisonment under exceptional circumstances. The legislation also sets a timeline for executions, which are to be carried out within 90 days, with a possible delay of up to 180 days.
In civilian courts, which handle cases involving Israeli citizens, including Palestinians with Israeli citizenship and residents of East Jerusalem, the law allows judges to choose between life imprisonment and the death penalty. However, legal experts argue that the criteria outlined in the legislation, particularly the requirement that the act be committed with the intent of undermining the existence of the State of Israel, effectively excludes Jewish perpetrators and limits its practical application to Palestinians.
Criticism of the law emerged immediately after its adoption. The Association for Civil Rights in Israel challenged the measure before the country's Supreme Court, describing it as inherently discriminatory and lacking legal authority when applied to Palestinians in the West Bank. Legal analysts have also raised concerns that Israel's parliament does not have jurisdiction to legislate for territories that are not considered sovereign Israeli land under international law.
Opposition figures voiced strong objections during the parliamentary debate. Ram Ben Barak, a former deputy head of Mossad, warned that the legislation creates a dual legal framework, with different rules for Palestinians in the West Bank and for Israeli citizens, arguing that such a distinction undermines fundamental democratic values.
International reactions were similarly critical. Foreign ministers from several European countries and Australia urged Israel to reconsider the move, describing the law as discriminatory and emphasizing that capital punishment is both unethical and ineffective as a deterrent. The Council of Europe also expressed concern, calling the development a serious step backward. The Palestinian Authority rejected the law outright, stating that Israel lacks sovereignty over Palestinian territories and accusing it of attempting to legitimize unlawful killings through legislation.
Although Israeli law has long allowed for the death penalty in exceptional cases such as genocide or wartime crimes, it has been used only once in the country's history, when Nazi war criminal Adolf Eichmann was executed in 1962.
