Israeli Parliament approves new death penalty law that applies only to Palestinians

The Knesset or Israeli Parliament approved this Monday by 64 votes to 48 the Death Penalty Law for Terrorists, a legal reform that contemplates the application of the death penalty by hanging and in secret for the crime of terrorism, but only for Palestinians, since it excludes any citizen of Israel, which has been criticized for its discriminatory nature.

The rule only applies in West Bank military courts, which only try Palestinian defendants, since Israelis, including settlers, are tried in civilian courts.

The text formally provides that it applies to all citizens, but in one of its articles it specifies that it will only apply to those who “intentionally cause the death of a person in order to deny the existence of the State of Israel”, a definition that in practice excludes any individual of Zionist beliefs, even if they have perpetrated similar acts.

It also greatly limits judicial discretion, allows secret executions by hanging, and imposes a regime of almost total isolation on those condemned to death.

The law allows the death penalty to be imposed by a simple majority of the court and not by unanimity, as was mandatory until now. It also eliminates the right of appeal.

Although the death penalty will not be applied retroactively to those detained in the October 7, 2023 attacks, the Knesset is processing another legislative initiative that does provide for this punishment ‘a posteriori’.

The bill has been approved by vote after almost twelve hours of debate. “It is a day of justice for the victims and a day of deterrence for our enemies. No more revolving doors for terrorists, but clear decisions. Whoever chooses terrorism, chooses death,” highlighted the Minister of National Security and leader of the far-right Jewish Power party, Itamar Ben Gvir, according to the newspaper ‘The Times of Israel’.

Ben Gvir has been the main promoter of the legal reform, which has finally been supported by Prime Minister Benjamin Netanyahu’s Likud party, which was present in the vote, and by the Yisrael Beitenu party, in the opposition. The ultra-orthodox parties Shas and United Torah Judaism have also supported the norm.

CRITICISM OF HR ORGANIZATIONS

“This law institutionalizes the cold-blooded state murder of individuals who do not pose any type of threat. It is designed to apply only to Palestinians, which violates the fundamental principle of equality and prohibition of racial discrimination,” denounced the legal director of the Legal Center for the Rights of the Arab Minority in Israel, Adalah, Suhad Bishara.

The group recalls that applying internal Israeli legislation to Palestinians residing in the West Bank “is a flagrant violation of international law” because the Knesset “does not have the authority to legislate on the occupied population.” For this reason, Adalah has announced that she will appeal the rule before the Israeli Supreme Court “complaint of maximum urgency.”

Adalah denounces that the new law “is one of the most violent and discriminatory” passed in Israel. “It fails to comply with a series of international standards and its application could amount to a war crime. Its approval is a new step in the lethal escalation of systematic torture against Palestinians under Israeli detention so widely documented,” Adalah highlighted.