Israel approves death penalty for Palestinian terrorists

Israel’s parliament – Knesset – approved this Monday (30) a bill that establishes the death penalty for Palestinians in the West Bank convicted of carrying out terrorist attacks with fatal victims. The proposal was approved by 62 votes to 48, after hours of debate, and had the support of Prime Minister Benjamin Netanyahu’s government.

The new legislation establishes that military courts must apply, as a rule, the death penalty by hanging to individuals found guilty of lethal attacks, with the possibility of replacement by life imprisonment in “special circumstances”, not detailed in the text. As only Palestinians from the West Bank are tried by Israeli military courts, the measure applies only to this group, while Israeli citizens continue to be subjected to civil justice, where the death penalty depends on much more rigorous criteria.

The death sentence may be applied by a simple majority of judges, without the need for unanimity, and eliminates the possibility of appeal. The law will also not have retroactive effect, that is, it will not apply to crimes committed before its entry into force, including those who committed the attacks on October 7, 2023, whose punishments are still under discussion in a separate project.

According to the government, the measure seeks to increase the deterrent power against terrorism. In an official statement, Israel’s Minister of National Security, Itamar Ben-Gvir, stated that the approval represents “a day of justice for the victims and a day of deterrence for our enemies”, adding that “those who choose terrorism choose death”.

Civil organizations and opposition parties announced that they intend to challenge the measure in court. According to the Association for Civil Rights in Israel, the law violates fundamental principles set out in the country’s legislation, such as the right to life, due process and equality. The entity also argues that the measure creates legal distinctions between Israelis and Palestinians.

The Palestinian Authority criticized the approval of the measure and stated that Israel “does not have sovereignty over Palestinian lands”. the body accused the Israeli government of trying to “legitimize executions under legal cover” with the new legislation.