E-Paper
Israel mandates death penalty exclusively for Palestinian convicted of 'nationalistic' murder; minister pops champagne
Israel's parliament made death default sentence for Palestinians convicted in military courts, fulfilling a pledge by Benjamin Netanyahu's far-right allies
Israel's passing of a law that sets death as the default sentence for Palestinians convicted of murdering Israelis, is “very concerning”, the European Union said on Tuesday. "This is a clear step backwards," said a spokesperson at a news briefing.
“We call Israel to abide by its previous principled position [of not having death penalty], its obligation under international law and its commitment to democratic principles,” he added. He, however, said he had “no speculation to make” regarding any steps that could be taken by the EU Commission over Israel's move.
Why it's being called discriminatory
On Monday, Israel's parliament made death a default sentence for Palestinians convicted in military courts of deadly attacks, fulfilling a pledge by Prime Minister Benjamin Netanyahu's far-right allies.
The law is being termed discriminatory as it defines a set of people as being liable t be hanged, while a similar offence by an Israeli or someone else won't be covered under this law.
Also read | Netanyahu is down — but not out
Israel's firebrand minister of national security, Itamar Ben-Gvir, who spearheaded the push for the legislation, popped a champagne in celebration inside the Knesset, the Israeli parliament. Far-right lawmaker Limor Son Har-Melech, one of the bill's original sponsors whose first husband was killed in a Palestinian militant attack in the West Bank, smiled through tears. Netanyahu came to the Knesset to vote for the bill in person.
What the law essentially means
The law makes the death penalty the default punishment for West Bank Palestinians convicted of “nationalistic” killings.
It also gives Israeli courts the “option” of imposing the death penalty on Israeli citizens convicted on similar charges. But the language — mandatory vs optional — effectively confines the death penalty to Palestinian citizens of Israel, and excludes Jewish citizens.
Also read | Joe Kent blames Israel, ‘Truman Show’ around Donald Trump for US-Iran war: ‘Like Iraq’
It will not apply retroactively to any prisoners Israel currently holds, including the Hamas-led militants who attacked the country on October 7, 2023, triggering Israel's military reaction in Gaza that killed around 70,000 Palestinians.
After the final 62-48 vote in favour, lawmakers erupted into cheers and stood up in jubilation. Netanyahu, who remained in his seat, did not immediately react or speak.
May face challenges
The legislation, which takes effect in 30 days, is certain to face legal challenges that may stall its implementation, news agency AP reported on Tuesday, March 31.
Minutes after the bill clared the Knesset, the Association of Civil Rights in Israel said it had already petitioned Israel's highest court to challenge the law.
It called the legislation "discriminatory by design" and said the parliament had enacted it "without legal authority" over West Bank Palestinians, who are not Israeli citizens.
Amichai Cohen, a senior fellow at the Israel Democracy Institute's Centre for Democratic Values and Institutions, told AP that, under international law, Israel's parliament should not be legislating in the West Bank, which is technically Palestinian territory that Israel occupies since 1967.
But many in Netanyahu's far-right coalition seek to annex the West Bank to Israel altogether. A recent incident in which Israeli soldiers assaulted a journalist brought ongoing “settler violence” in the West Bank.
Also read | What is Netzah Yehuda? Radical Israeli army battalion suspended after on-cam assault on journalist
Concerns raised in Knesset
The bill's passing came after a daylong debate in the Israeli parliament. Some lawmakers raised concerns, including how the bill does not allow clemency, contradicting international conventions.
Opposition lawmakers at times appeared to plead with their colleagues to vote against the bill.
Before the vote, Ben Gvir described the law as long overdue and a sign of strength: "From today, every terrorist will know, and the whole world will know, that whoever takes a life, the State of Israel will take their life."
On his lapel, he wore a signature pin — a small metal noose — as did some of his fellow members of the Knesset.
Gilad Kariv of the Labour Party, however, condemned the bill's stipulation that a unanimous judgment is not required to impose the death sentence. "Is this justice in your eyes? Is this the sanctity of life that Israeli tradition has taught us?" he asked.
He added that the law would turn Israeli soldiers and prison guards into “war criminals against their will”.
Some, like Aida Sliman of Hadash, the leftist Jewish-Arab political party, left the chamber in dismay before the votes were complete.
Two key elements
Though Israel technically has the death penalty on the books as a possible punishment for acts of genocide, espionage during wartime and certain terror offences, the country hasn't put anyone to death since Nazi war criminal Adolf Eichmann in 1962.
The new legislation has two key points that will effectively limit the death penalty to Palestinians, say experts.
- First, the bill makes the death penalty a default punishment for nationalistic killings in military courts, which try only West Bank Palestinians and not Israeli citizens.
- The second is how the bill defines the offence punishable by death: "killing that rejects the existence of the state of Israel".
"It will apply in Israeli courts, but only to terrorist activities that are motivated by the wish to undermine the existence of Israel. That means Jews will not be indicted under this law," analyst Amichai Cohen said.
Foreign ministers of Australia, Britain, France, Germany and Italy released a statement on Sunday urging Israel to abandon plans to pass the law, calling it "de facto discriminatory". They added that the death penalty was unethical and had no deterring effect.
