JERUSALEM, March 30 - Israel’s parliament passed a law on Monday that makes the death penalty the default punishment for Palestinians convicted in military courts of deadly attacks, fulfilling a pledge from members of Prime Minister Benjamin Netanyahu’s far-right allies. The measure, which prescribes execution by hanging within 90 days of sentencing with some allowance for delay but no right to clemency, also allows judges to impose life imprisonment instead of capital punishment.
The legislation has provoked widespread condemnation both inside and outside Israel. Rights groups described the law as discriminatory and racist, Palestinian leaders called it a violation of international law and a tactic of intimidation, and a group of U.N. experts warned that the bill’s vague definitions of "terrorist" could lead to the death penalty being applied for conduct that is not "genuinely terrorist" in nature.
Provisions and parliamentary vote
Under the new law, Palestinians convicted in military courts of causing death in lethal attacks will face capital punishment by default. The text requires executions by hanging within 90 days of sentencing, though it allows for some delay. The law removes an explicit right to clemency while preserving an option for life imprisonment as an alternative to the death sentence.
Israel abolished the death penalty for murder in 1954. The only person executed in Israel after a civilian trial was Adolf Eichmann, convicted for his role in the Holocaust in 1962. Military courts in the West Bank previously had the authority to impose a death sentence but had never done so.
The bill won support from 62 of the 120 members of the Knesset. Media reporting indicated Prime Minister Netanyahu sought to moderate parts of the legislation in an effort to reduce international backlash, and he voted in favour of the final text. The original draft had mandated the death sentence for non-Israeli citizens convicted in West Bank military courts of deadly terrorist acts; the revised law retains a death penalty option but allows for life imprisonment as an alternative.
In Israel’s civilian courts, the new legislation prescribes either life imprisonment or the death penalty for anyone convicted of "deliberately causing the death of a person with the intent of ending Israel’s existence."
Political drivers and key proponents
The measure was championed by Itamar Ben-Gvir, national security minister and head of the Jewish Power party. Ben-Gvir, a far-right lawmaker who has publicly worn noose-shaped lapel pins ahead of the vote, described the law in parliament as "a day of justice for the murdered, a day of deterrence for enemies," adding: "Whoever chooses terror chooses death." Ben-Gvir made capital punishment for Palestinian militants a central pledge in his 2022 election campaign.
Ben-Gvir was convicted in 2007 of racist incitement against Arabs and of support for the Kach movement, which is on Israeli and U.S. terrorism lists, according to his record. Since assuming office he has overseen changes to the prison system that critics say have led to allegations of abuse of Palestinian inmates, and he has publicly backed some Israeli soldiers who faced inquiries over suspected excessive force against Palestinians.
Responses from Palestinian leaders, militant groups and rights organizations
Palestinian President Mahmoud Abbas condemned the new law as a breach of international law and described it as an attempt to intimidate Palestinians. Abbas’ office said: "Such laws and measures will not break the will of the Palestinian people or undermine their steadfastness. Nor will they deter them from continuing their legitimate struggle for freedom, independence, and the establishment of an independent Palestinian state with East Jerusalem as its capital."
Palestinian militant groups Hamas and Islamic Jihad called on Palestinians to carry out retaliatory attacks in response to the legislation.
Israeli civil society organizations also condemned the law. Leading Israeli rights groups denounced it as "an act of institutionalized discrimination and racist violence against Palestinians." The Association for Civil Rights in Israel said it has filed an appeal against the law with Israel’s Supreme Court. Legal professionals and members of Israel’s legal establishment raised constitutional concerns during the bill’s drafting and warned that the judiciary may well strike it down.
International reactions and concerns
Before the vote, foreign ministers from Germany, France, Italy and Britain criticized the bill as having a "de facto discriminatory" effect toward Palestinians and said it undermines Israel’s democratic principles. A group of U.N. experts warned that the law’s vague definition of "terrorist" risked extending the death penalty to conduct that is not genuinely terrorist by nature.
Amnesty International, an organization that tracks the use of capital punishment worldwide, said there is "no evidence that the death penalty is any more effective in reducing crime than life imprisonment." B'Tselem, an Israeli rights group, said military courts in the West Bank have a 96% conviction rate and have a history of extracting confessions through torture.
Legal and security uncertainty
Critics have emphasized both legal and security uncertainties surrounding the law. The legislation’s opponents argue it discriminates on its face and that constitutional challenges could undo it in the Supreme Court. Meanwhile, the calls for revenge attacks from militant factions underline the risk of heightened violence that could affect security conditions in the occupied West Bank and beyond.
Netanyahu’s nationalist-religious coalition, which backed the law, has already raised concerns among Western allies over other measures it has pursued and over increases in violence by Jewish settlers against Palestinians in the West Bank.
Political timeline
The law’s passage comes as the next national election is scheduled for October 2026. Its passage and the debates surrounding it are likely to remain a point of contention in Israeli politics and in Israel’s relations with foreign governments and international organizations.
Key takeaways
- The Knesset has approved a law making the death penalty the default for Palestinians convicted in military courts of deadly attacks, with executions by hanging within 90 days and limited allowance for delay.
- The legislation has prompted strong domestic and international criticism, legal challenges, and calls for retaliatory violence from militant groups.
- The law raises significant legal and security uncertainties and may face constitutional challenges in Israel’s Supreme Court.