4/4 Harsh Criticism of the Law on Executing Palestinian Prisoners

Part One: Summary of the Event

The Israeli Knesset (parliament) approved on Monday, March 30, 2026, in its second and third readings, a law allowing the execution of Palestinian prisoners convicted of carrying out attacks against Israelis. The vote was 62 in favor, 48 against.

The initiative was led by the far‑right party Otzma Yehudit (Jewish Power), headed by National Security Minister Itamar Ben‑Gvir. The law received support from Prime Minister Benjamin Netanyahu’s Likud party and the Yisrael Beiteinu party.

Part Two: Legal Text and Scope of Application

1. Mandatory Death Penalty

The law stipulates that the death penalty (by hanging) is the default sentence for Palestinian prisoners convicted of killing Israelis for nationalist motives. It can only be commuted to life imprisonment under “special circumstances.”

2. Explicit Discrimination

The text reveals a starkly discriminatory nature:

• It applies exclusively to Palestinians in the West Bank (who are tried in military courts).
• It exempts Israelis who commit murder against Palestinians.
• Legal analyst Amichai Cohen of the Israel Democracy Institute noted: “The law will apply in areas under military court jurisdiction … meaning Jews will not be tried under it.”

3. Execution Details

• Method: Hanging
• Timeline: The sentence must be carried out within 90 days
• No Pardon: Pardon or commutation is forbidden
• Isolation: The condemned is held in separate facilities and denied direct contact with their lawyer
• Immunity for Executors: The identity of those carrying out the execution is secret, and they enjoy legal immunity

4. Measures to Reduce International Liability

Sources revealed that Prime Minister Netanyahu’s office intervened to introduce amendments to the original text to soften its severity, fearing diplomatic and legal repercussions internationally.

Part Three: Legal Documentation – Criticism Under International Law

1. Violation of the Right to Life

The right to life is a fundamental right enshrined in:

• Universal Declaration of Human Rights (Article 3)
• International Covenant on Civil and Political Rights (ICCPR) (Article 6)

International law experts consider the death penalty inherently contradictory to the right to life.

2. Violation of the Principle of Non‑discrimination

The law explicitly violates the principle of equality and non‑discrimination as set forth in:

• Article 26 of the ICCPR
• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The Association for Civil Rights in Israel (ACRI) described the law as “discriminatory by design” and filed a petition with the Supreme Court to have it struck down.

3. Violation of the Prohibition on Torture and Cruel Treatment

The World Organisation Against Torture (OMCT) noted in a report that the death penalty, by its very nature, constitutes a system of torture and cruel treatment, as it is closely linked to judicial systems where human rights violations are widespread.

4. Serious Violation of International Humanitarian Law

Applying the law in the occupied West Bank constitutes a grave violation of international humanitarian law because:

• The West Bank is not sovereign Israeli territory.
• The Israeli Knesset lacks the authority to legislate for occupied territory.
• The Palestinian Presidency described the law as a “war crime.”

5. Defying the Global Trend Toward Abolition

Amnesty International pointed out that this law places Israel in direct opposition to the global trend toward abolishing the death penalty.

According to data:

• 113 countries have fully abolished the death penalty.
• 92 countries have ratified the Second Optional Protocol to the ICCPR, aimed at abolishing the death penalty.
• The European Union requires the abolition of the death penalty for membership in the Council of Europe.

Part Four: Harsh Political and Moral Criticism

1. The Law Targets Only Palestinians

Ofer Cassif, a Knesset member from the Democratic Front for Peace and Equality, described the law as “genocide legislation” specifically targeting Palestinians.

Samir Abu Shehadeh (Samir bin Said) from the Hadash–Ta’al alliance warned that the death penalty is irreversible and carries a high risk of judicial error.

2. Granting False Legitimacy to Execution Policy

Gilad Kariv, an opposition Knesset member, said: “Every day this law remains in Israel’s law books is a stain on our image and our values.”

3. Brutal Celebrations

Photos and videos showed Knesset some members and ministers celebrating the law’s passage. Ben‑Gvir was seen celebrating with a bottle, while Limor Son Har‑Melech (whose first husband was killed in a Palestinian attack) wiped away tears. Ben‑Gvir wears a pin shaped like a noose on his collar as a personal emblem.

4. The Law Aims to Break Prisoners’ Will

Prisoner organizations said in a joint statement: “The occupation seeks to physically execute prisoners after failing to break their will inside the prisons.”

5. European Disgrace

Irish Foreign Minister Helen McEntee was among those condemning the law. She said: “Ireland condemns the law passed by the Israeli Knesset to expand the death penalty … I am particularly concerned about the de facto discriminatory nature of the law regarding Palestinians.”

Part Five: Conclusion

This law represents a dangerous milestone in the history Israel, which has only carried out the death penalty once before, in 1962, against Nazi Adolf Eichmann. With this legislation, Israel not only violates international law but also places itself in opposition to global human rights values and the worldwide trend toward abolishing the death penalty. The law further exposes the racist character of the Israeli judicial system toward Palestinians.

Estimates indicate there are approximately 9,350 Palestinian prisoners in Israeli detention, including hundreds of children and women, and thousands held in administrative detention.

Documented Sources:

1. Al-Quds newspaper, March 30, 2026
2. Irish Independent, March 30, 2026 (Associated Press)
3. DW, March 30, 2026
4. Anadolu Ajansı, March 30, 2026
5. Amnesty International
6. Association for Civil Rights in Israel (ACRI)
7. World Organisation Against Torture (OMCT)
8. Israel Democracy Institute

Palestina kommittén i Eskilstuna Folke Bernadotte