The Israeli parliament has approved a landmark bill establishing capital punishment for individuals convicted of fatal terrorist acts against Israeli citizens. This legislative shift, the first of its kind since 1962, creates a dual legal system that mandates the death penalty as the default sanction for Palestinians in the West Bank while maintaining judicial discretion for others.
Dual Legal Regime
The law specifies that Palestinians tried in military courts face the death penalty as a default, whereas Israeli settlers in the same territory remain under a civilian system with more lenient sentencing options.
International Diplomatic Backlash
The Council of Europe and a coalition of European powers including France, Germany, and the UK have condemned the move as a violation of democratic principles and human rights standards.
Immediate Supreme Court Challenge
The Association for Civil Rights in Israel filed an urgent appeal minutes after the 62-48 vote, arguing the law is unconstitutional and lacks a legal basis for application in occupied territories.
Strict Execution Timeline
New regulations require the death penalty to be carried out within 90 days of a final conviction, with a maximum extension of 180 days allowed under specific circumstances.
Israel's Knesset passed a law on Monday, March 30, 2026, establishing the death penalty for Palestinians convicted of deadly attacks against Israelis, with the legislation adopted by 62 votes to 48, with one abstention. Prime Minister Benjamin Netanyahu voted in favor of the bill, which was introduced by lawmakers from the far-right Otzma Yehudit party. The law had been adopted in a first reading in November before reaching its final vote. National Security Minister Itamar Ben-Gvir, who promoted the legislation, wrote on X immediately after the vote: „We have entered history!!!” — Itamar Ben-Gvir via France 24 The Palestinian Authority denounced the bill as an attempt to "legitimize extrajudicial executions," while the Palestinian Ministry of Foreign Affairs called it "a crime and a dangerous escalation" in Israeli policies.
Law creates two-tier system for settlers and Palestinians The law's general framework establishes that any person "who intentionally causes the death of another for the purpose of harming an Israeli citizen or resident, with the intent to end the existence of the State of Israel, shall be sentenced to death or life imprisonment." For Palestinians in the occupied West Bank, however, the death penalty becomes the default sanction when the homicide is classified as an act of terrorism by the Israeli military justice system. Israeli settlers living in the same territory are tried under the civilian justice system, where life imprisonment remains the alternative to the death penalty. Under the new law, the death penalty must be carried out within 90 days of a final conviction, with a possible postponement of up to 180 days. France 24 reported that military courts in the West Bank have a conviction rate of nearly 100 percent for Palestinian defendants, according to human rights organizations. Political scientist Yoav Shemer-Kunz of the Israeli association B'Tselem noted in an op-ed for Amnesty International that a Jewish extremist who murdered a Palestinian would not be affected by the law. 99% (conviction rate) — Palestinian conviction rate in Israeli military courts
Israel has carried out the death penalty only twice since its founding as a state. The first execution took place shortly after independence in 1948, in a case of treason within the army. Israel has occupied the West Bank since 1967, during which time Palestinians who commit offenses have fallen under Israeli military courts, while Israeli settlers in the same territory are tried by the civilian justice system. The death penalty has existed in Israeli law for decades but had not been applied for an extended period before this legislation.
Supreme Court challenge filed within minutes of vote The Association for Civil Rights in Israel filed an urgent appeal before the Supreme Court requesting the annulment of the law within minutes of the Knesset vote. ACRI described the law as "unconstitutional, discriminatory by nature and, for Palestinians in the West Bank, adopted without legal basis." The organization argued that the Israeli parliament "does not have the power to legislate for the West Bank" where Israel "exercises no sovereignty." Amnesty International's executive director Erika Guevara Rosas called the law "concerning," specifically citing the military courts' authority to impose death sentences on civilians that cannot be commuted. An opposition lawmaker and former deputy director of the Mossad, Ram Ben Barak, expressed indignation during the parliamentary debate, warning that Israel risked moving away from its own values.
Europe condemns law; Washington takes neutral stance France, Germany, the United Kingdom, and Italy issued a joint statement before the vote calling on the Knesset to abandon the project, warning it could "call into question Israel's commitments regarding democratic principles." The Council of Europe condemned the law as a "serious setback" after its adoption. „The death penalty is a legal anachronism incompatible with contemporary human rights standards. Moreover, any application with a discriminatory character is unacceptable in a state governed by the rule of law” — Alain Berset via rts.ch The Council of Europe stated it would examine the implications of the vote on Israel's participation in several of its mechanisms, conventions, and bodies. The United States took a markedly different position, with a State Department spokesperson stating that Washington "respects Israel's sovereign right to set its own laws and sanctions against people convicted of terrorism." Hamas said the law "reflects the bloody nature of the occupation and its approach based on murder and terrorism."
Mentioned People
- Benjamin Netanyahu — Premier Izraela od 2022 roku
- Itamar Ben-Gvir — Minister bezpieczeństwa narodowego od 2022 roku
- Alain Berset — Sekretarz generalny Rady Europy od września 2024 roku
Sources: 7 articles
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