Israel’s parliament passed a law on Monday that makes the death penalty by hanging the default punishment for Palestinians convicted of terrorism-related killings in the West Bank. The legislation, approved by a 62-48 vote, also allows Israeli courts to impose the death penalty on Israeli citizens convicted of similar offenses, though legal experts say the language effectively targets Palestinians. The law does not apply retroactively to current prisoners, including those involved in the October 7, 2023, Hamas-led attacks.
Key Details of the Law
- The death penalty by hanging is now the default sentence for West Bank Palestinians convicted of nationalistic killings.
- Israeli courts can impose the death penalty on Israeli citizens in cases where killings are deemed to aim at 'negating the existence of the State of Israel.'
- The law does not apply retroactively to existing prisoners, including Hamas militants from the October 7 attacks.
- Executions must occur within 90 days of sentencing, with no right to clemency unless special circumstances apply.
Reactions and Legal Challenges
Human rights groups and international governments have condemned the law as discriminatory and inhumane. The Association of Civil Rights in Israel has already filed a petition with the High Court of Justice, arguing the law is unconstitutional and discriminatory by design. The petition seeks to freeze the law’s implementation pending a ruling.
Prime Minister Benjamin Netanyahu and far-right National Security Minister Itamar Ben-Gvir, who spearheaded the legislation, celebrated its passage. Ben-Gvir brandished a bottle in celebration, while opposition lawmakers left the chamber in dismay. The law is expected to face further legal challenges, which may delay its implementation.
Context and Implications
The law marks a significant shift in Israel’s approach to terrorism-related offenses, reflecting a tougher stance following the October 7 attacks. Israel has not carried out executions since 1962, and the death penalty for ordinary crimes was abolished in 1954. The new law has drawn criticism for its perceived targeting of Palestinians, with legal experts noting that the language excludes Jewish citizens from similar penalties.
The United Nations Human Rights Office has condemned the law, stating it further entrenches racial segregation and apartheid. European governments, including Britain and Germany, have also expressed opposition. The law’s implementation remains uncertain pending legal challenges.