JERUSALEM (Realist English). Israel’s parliament, the Knesset, has approved a controversial bill expanding the use of the death penalty in cases of terrorism-related killings, triggering strong criticism from human rights groups and several Western governments.
The legislation, backed by National Security Minister Itamar Ben Gvir, allows military courts in the West Bank to impose capital punishment on individuals convicted of killing Israelis with nationalist intent. Judges may opt for life imprisonment under “special circumstances,” but the law sets out execution by hanging within 90 days and removes the right to appeal.
Critics argue the law effectively applies only to Palestinians, who are subject to military law in the West Bank, while Israeli settlers fall under civilian legal jurisdiction. Human rights organisations have described the measure as discriminatory and warned it could institutionalise unequal treatment under the law.
A coalition of Israeli civil society groups said the bill represents “an official stamp of approval on a policy of vengeance,” while the Palestinian Prisoner’s Society called it “a historic escalation” in the treatment of detainees.
The law has already been challenged in court. The Association for Civil Rights in Israel filed a petition with Israel’s High Court of Justice seeking to block its implementation. Legal experts and opposition figures say the legislation could face significant constitutional hurdles.
Prime Minister Benjamin Netanyahu, who had previously expressed reservations over potential risks to Israeli hostages, ultimately backed the bill during its final passage. It was approved by 62 votes to 48.
Opposition leader Yair Lapid criticised the move, arguing it undermines Israel’s moral standing and could inflame tensions. European governments also voiced concern, with France, Germany, Italy and the United Kingdom warning the law could conflict with democratic principles and international commitments.
Israel currently retains the death penalty only for exceptional cases such as genocide, treason and crimes against humanity. It has been used only twice in the country’s history, most notably in the execution of Adolf Eichmann in 1962.
The legislation does not apply to Hamas militants involved in the October 7, 2023 attacks, as the government is pursuing separate legal mechanisms for those cases.
Analytically, the bill reflects a broader shift in Israeli domestic politics toward tougher security measures, while raising questions about legal consistency and international norms.
The key question is whether the judiciary will uphold the law or strike it down, and how its implementation could affect tensions in the West Bank and Israel’s relations with Western allies.