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The Israeli parliament (the Knesset) on 30 March 2026 adopted a controversial law introducing mandatory death penalty for Palestinians convicted of acts classified as "terrorism." The law, initiated by the right-wing Minister of National Security Itamar Ben-Gvir, received the support of 62 members of parliament against 48 and one abstention, and will enter into force 30 days after publication. This measure draws widespread international condemnation as discriminatory and violating fundamental norms of international law.

Content of the law and its discriminatory nature

The adopted law is formally titled "the death penalty for terrorists," but in practice creates two separate justice systems. Palestinians residing in the occupied West Bank will be tried in military courts, where the conviction rate exceeds 99 percent, and they will automatically be sentenced to death for crimes involving the killing of Israelis. At the same time, Israeli settlers who commit similar crimes against Palestinians will be tried in Israel's civilian courts, where ordinary procedural guarantees apply and where the death penalty is effectively not applied. The law establishes hanging as the mandatory method of execution, which must be carried out within 90 days after sentencing, with the right to appeal practically eliminated. The only possibility to avoid execution is to prove "special circumstances," which is practically impossible in a military court due to low standards of evidence and the absence of a requirement for unanimous agreement among judges for issuing a death sentence.

UN experts directly state that the law "institutionalizes arbitrary and discriminatory deprivation of life" and "effectively singles out Palestinians for execution, sending the message that Palestinian lives are less worthy of legal protection." Such a dual system of justice, where one national group is subjected to military justice with minimal guarantees while another enjoys civilian proceedings with full legal protections, is a classic hallmark of politicized discrimination and apartheid.

Violation of international law

The adopted law violates numerous of Israel's obligations under international treaties and customary international law:

  Right to life and prohibition of discrimination: As UN experts emphasize, "a death penalty regime that is discriminatory in purpose, design, or effect is incompatible with the rights to life and equality before the law." The International Covenant on Civil and Political Rights (ICCPR), ratified by Israel in 1991, permits the death penalty only for the "most serious crimes" and only under fair judicial procedures. The Israeli law grossly violates these requirements by establishing mandatory death sentences without genuine possibility of appeal and individual consideration of the circumstances of the case.

  Violation of the rights to a fair trial: The law deprives defendants of the right to effective legal assistance, restricts contact with lawyers and family, and eliminates external oversight over the execution process. Execution of sentences by hanging within 90 days, the prohibition of pardon, and the absence of meaningful appeal possibilities turn this law into an instrument of accelerated execution with minimal legal guarantees. Such measures contradict human rights standards that prohibit torture and cruel, inhuman, or degrading treatment.

  Violation of the Geneva Conventions: The Palestinian Authority called the law a "war crime," pointing to its violation of the Fourth Geneva Convention, which protects civilians in occupied territory. The UN High Commissioner for Human Rights, Volker Türk, directly stated that applying this law to Palestinian prisoners "would constitute a war crime."

Historical context and precedent

It is important to note the historical context: Israel abolished the death penalty for ordinary murder back in 1954, and in the entire history of the state, only one person has been executed — the Nazi criminal Adolf Eichmann in 1962. Even in cases of genocide and wartime espionage, where the law theoretically permits the death penalty, Israel effectively had not applied it for decades. The adopted law does not merely bring back the supreme punishment — it makes it mandatory and discriminatory, aimed exclusively against one ethnic group.

Reaction of the international community

The law has drawn widespread international condemnation from human rights organizations, the UN, and states, with the particular positions of the United States and the European Union deserving separate attention.

Reaction of the United States

The United States Department of State stated that it respects Israel's sovereign right to establish its own laws and penalties for persons convicted of terrorism, and expressed confidence that such measures will be applied with due process guarantees. This position differed from the expected criticism under previous administrations and came despite growing international condemnation of the law as discriminatory and violative of international law. Some American legislators, however, came out with sharp criticism, calling the law "the next step in the genocide" of the Palestinian people.

Reaction of the European Union

The European Union consistently opposes the death penalty as a cruel, inhuman, and degrading punishment incompatible with human dignity. Following the adoption of the Knesset law, the EU called on Israel to return to its previous position of suspending the application of the death penalty, noting that the legislation represents a "clear step backwards" and a "serious regression" in complying with international obligations. The EU High Representative for Foreign Affairs, Kaja Kallas, warned that the law undermines the principles of democracy and human rights enshrined in the EU-Israel Association Agreement. The EU expressed concern that the law effectively applies only to Palestinians from the West Bank convicted in military courts, while Israeli citizens fall under ordinary criminal law, thereby reinforcing the two-tiered justice system. At the same time, the EU did not announce specific sanctions, citing the ongoing judicial review of the law in Israel's Supreme Court. The Council of Europe also expressed concern, calling on Israel to ensure compliance with international standards.

Beyond the reactions of the United States and the EU, international condemnation also manifested from other actors:

*  Amnesty International called the law "a dangerous and dramatic step backwards," emphasizing that it turns the death penalty into "a weapon of state-sanctioned killing against Palestinians." The organization noted that the law effectively creates a discriminatory death penalty regime, violating Article 6 of the ICCPR.

*  Human Rights Watch stated that the law "entrenches discrimination and a two-tiered system of justice, which are hallmarks of apartheid." According to Adam Coogle, deputy director of HRW for the Middle East, "Israeli authorities claim that imposing the death penalty is about security, but in fact it entrenches discrimination and a two-tiered legal system, both hallmarks of apartheid."

*  The Office of the UN High Commissioner for Human Rights (OHCHR) through Volker Türk demanded the immediate repeal of the law, calling it "incompatible with Israel's obligations under international law" and "a gross escalation of discriminatory oppression of Palestinians." Türk specifically noted that the law deprives courts of discretionary powers, violates the right to life, and prohibits pardon, which contradicts international standards.

*  UN human rights expert groups in a joint statement dated 2 April 2026 stated that the law "constitutes a discriminatory regime of capital punishment and manifestly violates Israel's obligations under international human rights law." They warned that the discriminatory application of the death penalty is incompatible with the right to life and equality before the law, and further entrenches the system of dual legal standards in the West Bank.

*  The European Union expressed "deep concern" in a joint statement by Germany, France, Italy, and the United Kingdom, calling on Israel to ensure compliance with international obligations. EU officials noted that the law undermines attempts to achieve a just and lasting peace in the region.

*  Palestinian organizations unanimously condemned the law. The Palestinian Centre for Human Rights (PCHR) called it "a flagrant violation of international humanitarian and human rights law" and called for immediate intervention by the international community. Hamas described the law as "a dangerous precedent endangering the lives" of Palestinian prisoners and confirmation of the "bloody nature of the occupation."

Internal opposition and legal challenges

Within Israel, the law also encounters significant resistance. The country's human rights organizations, including B'Tselem and the Association for Civil Rights, immediately filed petitions with Israel's Supreme Court demanding that the law be declared unconstitutional. They argue that the law violates Israel's Basic Laws on human dignity and liberty, as well as the principles of separation of powers and the rule of law.

Furthermore, a significant part of the Israeli establishment expressed concern. Former security service chiefs and military lawyers warned that the law could expose Israeli commanders to the risk of arrest under International Criminal Court warrants for violating the Geneva Conventions. Some of Netanyahu's coalition partners also expressed doubts about the long-term consequences of the law for the legitimacy of the Israeli state in the international arena.

Conclusion

The adoption by the Knesset of the law on the death penalty for Palestinians on 30 March 2026 represents a serious escalation in the Israeli-Palestinian conflict and a dangerous precedent in international law. The law not only revokes the moratorium on the death penalty that had been in effect for over six decades but also makes it a discriminatory weapon aimed at a specific national group under occupation.

The international community unanimously considers that such a law violates fundamental principles of the right to life, the prohibition of discrimination, the right to a fair trial, and the norms of humanitarian law. It entrenches the two-tiered justice system, which is widely characterized as apartheid, and undermines any prospects for achieving a just and peaceful settlement based on law.

As UN experts, human rights organizations, and numerous states emphasize, the law is subject to immediate repeal. Its retention in the statute books will not only continue the cycle of violence and deprivation of rights of the Palestinian population but will also cause irreparable damage to Israel's reputation as a state that respects the rule of law and its international obligations. The administration of justice must be based on the principles of equality, non-discrimination, and respect for the inherent dignity of every human being — principles that this law manifestly violates.

Only the repeal of this discriminatory legislation and a return to the practice of complying with international humanitarian norms can pave the way to a more just and peaceful future for all inhabitants of the region. Until then, the law will remain a stark example of how legal instruments can be used to institutionalize discrimination and oppression under the guise of security.

The article was prepared based on materials from international news agencies, UN statements, human rights organizations, and analytical materials published in March-April 2026.

06.04.2026 © lesnoy

https://lifearmy.org/articles/israeli-law-on-the-death-penalty-for-palestinians-institutionalized-discrimination-and-apartheid