Israel’s Knesset passed legislation allowing the death penalty, prompting alarm from Amnesty International and other organizations who fear it will disproportionately impact Palestinians.
Ethnic and National Targeting Concerns
Organizations are criticizing the new law as potentially implementing the death penalty on ethnic and national grounds. While Israel has technically allowed capital punishment for crimes like genocide and wartime espionage since the 1960s, it has not been actively enforced.
The legislation expands the application of the death penalty in both military and civil courts, with critics arguing it represents a significant setback for legal safeguards and effectively imposes a death sentence based on ethnicity or nationality.
Application on the West Bank
The law specifically allows for the death penalty as a default sentence for Palestinians convicted of intentional murder considered acts of terrorism under Israeli law on the West Bank (excluding East Jerusalem). Israeli settlers are explicitly excluded from the scope of the law.
Reduced Due Process and Lack of Appeal
Military courts can now impose the death penalty with a simple majority vote, without requiring a prosecutor’s recommendation. Those sentenced will not have the right to appeal for clemency, and executions must be carried out within 90 days.
Concerns Over Fair Trial and International Law
Organizations argue that even if the law doesn’t explicitly mention ethnicity or nationality, it will disproportionately affect Palestinians. The implementation of the death penalty, including the method of hanging, raises concerns about limited access to legal aid and a fair trial.
Call for EU Action and Trade Suspension
Over 30 organizations, including Amnesty International, Human Rights Watch, and Oxfam, have appealed to the European Union for urgent action. They are calling for the suspension of the trade portion of the agreement between Israel and the EU.
Signatories argue the law violates international conventions, including the Fourth Geneva Convention, the Hague Conventions, the International Covenant on Civil and Political Rights, and the Convention Against Torture, and represents a continuation of discriminatory practices against Palestinians.
Connection to Gaza and West Bank Annexation
The legislation is seen as another step in a concerning trend, following the humanitarian catastrophe in the Gaza Strip, which has been described as genocide by a UN Commission and numerous organizations. It also coincides with the accelerating de facto annexation of the West Bank, as confirmed by the International Court of Justice.
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