Fanuel Chinowaita
The Israeli parliament has passed a controversial bill that effectively expands the use of the death penalty for Palestinians convicted of “nationalistic” crimes, a move widely condemned as discriminatory and a dangerous escalation in the occupied West Bank.
The legislation, finalized on Monday, mandates the death sentence for residents of the West Bank convicted of killing an Israeli “with the intent to negate the existence of the State of Israel.” Under the new law, executions by hanging must be carried out within 90 days of sentencing, with no right to appeal.
Critics highlight that the bill establishes capital punishment exclusively for Palestinians, as it does not apply to Jewish Israelis convicted of similar acts of violence against Palestinians. This distinction is due to the separate legal systems operating in the West Bank: Palestinians are subject to Israeli military law, while Israeli settlers are governed by Israeli civilian law.
The bill faces immediate legal opposition. The Association for Civil Rights in Israel has filed a petition with the High Court of Justice, arguing the law is unconstitutional. Observers predict it may ultimately be struck down by the Israeli Supreme Court.
Human rights groups have denounced the legislation. A coalition of Israeli civil society organizations called it an “official stamp of approval on a policy of vengeance and racist violence against Palestinians.” The Palestinian Prisoner’s Society described it as “a historic escalation — a new phase of openly sanctioned, politically motivated executions of Palestinian prisoners.”
The bill was championed by far-right National Security Minister Itamar Ben Gvir, who brought a champagne bottle into the parliament to celebrate its passage. It passed its final readings with a vote of 62 to 48.
“Israel is changing the rules of the game today: Whoever murders Jews will not continue to breathe and enjoy prison conditions,” Ben Gvir said following the vote.
Prime Minister Benjamin Netanyahu had previously opposed the bill due to concerns about retaliation against Israeli hostages in Gaza. However, he reversed his stance following the recent Gaza ceasefire, allowing the vote to proceed and supporting it in the final tally.
The move is historically significant for Israel, which has only executed two people in its history: an army officer convicted of treason in 1948 and Nazi war criminal Adolf Eichmann, who was hanged in 1962. Current Israeli law reserves the death penalty for exceptional cases, and no executions have been carried out in decades.
Opposition leader Yair Lapid sharply criticized the law in parliament, stating: “We are not like Hamas; we are exactly the opposite of Hamas. This law says: If they come to murder us, the only solution is to be like the murderers. To act like them, think like them, become them.”
Ahead of the vote, the foreign ministers of Germany, France, Italy, and the United Kingdom issued a joint statement expressing “deep concern” over the bill’s discriminatory character, warning that its adoption would risk undermining democratic principles.
The United Nations has previously condemned Israel’s military courts in the West Bank, noting that Palestinians’ right to due process has been violated for decades.