The Israeli parliament approved a law Monday evening establishing the death penalty as a default punishment for Palestinians convicted of terrorism by military court.
New Law Enables Death Penalty for Palestinians
Israel’s parliament passed legislation Monday evening imposing the death penalty as a standard punishment for Palestinians from the West Bank convicted of terrorism by a military court. The law explicitly excludes the possibility of applying the death penalty to Israeli citizens.
The law stipulates execution by hanging within 90 days of a military court verdict, without the right to appeal or requiring unanimous agreement among judges, though life imprisonment remains an option. The bill faced criticism from foreign ministers of Germany, France, Italy, and the UK prior to the vote, who deemed it “de facto discriminatory” towards Palestinians.
Legal Challenges Anticipated
Israeli human rights organizations and opposition parliament members announced plans to appeal the law to the Israeli Supreme Court, which has the power to overturn it.
Ben-Gvir Vows “Great Wave of Executions”
National Security Minister Itamar Ben-Gvir, the bill’s architect, stated, “Every terrorist knows, every mother of a terrorist knows, that if her son goes to kill, he may find himself, God willing, on the gallows.” He also announced an end to privileges for Palestinian prisoners.
Ben-Gvir declared, “After decades I stopped giving people [in prisons] marmalade, chocolate, studies, aesthetic procedures, television and radio, and pampering. I stopped everything except the law. The death penalty is another step. It will scare them. We already know it scares them.” He predicted a “great wave of executions.”
Implementation Underway
Ben-Gvir stated that he had already met with the Israel Prison Service regarding the law’s implementation, with orders for red uniforms – often used for prisoners facing execution – being placed and a dedicated wing for death row inmates being prepared. He anticipates implementation will take several months.
He added, “They tell me: ‘Terrorists aren’t sleeping at night. They’re afraid.’ Terrorists have reason to be afraid.”
Dismissal of Supreme Court Concerns
Ben-Gvir dismissed concerns about the Supreme Court potentially blocking the law, questioning why a minister should be bound by its rulings.
Minister’s Background and Prior Advocacy
The bill was drafted by far-right National Security Minister Itamar Ben-Gvir, who advocates for the expulsion of Arabs from Israel and occupied territories and annexation of the entire West Bank. Ben-Gvir, previously convicted of racist incitement against Arabs and supporting the banned Kach party, made the death penalty for Palestinian terrorists a central promise in his 2022 election campaign.
High Conviction Rates and Allegations of Torture
The Israeli human rights organization B’Tselem reported that military courts in the West Bank have approximately a 96% conviction rate. The organization also alleges a history of coerced confessions, including through torture.
Palestinian Prisoner Concerns
Abdallah al-Zughari, head of the Palestinian Prisoner Club, stated that Palestinians in Israeli prisons have already been subjected to a “practice of slow killing,” resulting in over 100 prisoner deaths since the Hamas attack on Israel on October 7, 2023.
Historical Context of Capital Punishment in Israel
Israel abolished the death penalty in 1954, but military courts retained the ability to impose it, though they have not done so. The only person ever executed in Israel following a civilian trial was Adolf Eichmann in 1962, for his role in the Holocaust.
