A law on the death penalty for Palestinians convicted of terrorist acts has entered into force in the West Bank. The decision came after Major General Avi Bluth, commander of the Israeli Armed Forces’ Central Command, signed the military order necessary for its implementation. The move follows the passage of legislation by the Israeli parliament in March that expands the possibility of imposing the death penalty.
- The death penalty for Palestinians began to apply in the West Bank.
- Military courts must impose the death penalty in attacks involving casualties.
- Israeli citizens and residents are completely exempt from this law.
- A condition for the death penalty is also the motive denying the existence of the Israeli state.
- Israel’s Supreme Court is examining several lawsuits challenging this new legislation.
Under the new regulation, military courts must impose the death penalty in cases where terrorist attacks have caused loss of life. The only exceptions are when the court identifies extraordinary circumstances that would allow life imprisonment instead of the death penalty. However, this law does not apply to Israeli citizens or permanent residents of Israel, prompting accusations of discrimination.
Discrimination and controversy
The legislation applies exclusively to Palestinians tried by military courts, while Israeli citizens are tried by civilian courts. One of the conditions for imposing the death penalty is that the attacker’s motive must include denying the existence of the State of Israel or the authority of the military commander. Critics say these conditions specifically target Palestinians, making the law selective.
Several lawsuits against the law have already been filed with the Israeli Supreme Court. He ordered the state to respond to these lawsuits by May 24. At the same time, the law is seen as part of a wider policy change after the massacre of October 7, 2023, which resulted in the tightening of the procedure against persons designated as terrorists.
Political responses and challenges
Defense Minister Yisrael Kac and National Security Minister Itamar Ben Gvir described the introduction of the law as a fundamental step. According to their statements, this is a message that terrorists can no longer expect benefits such as prisoner exchanges or improved prison conditions. Ben Gvir, leader of the Jewish Power party, called the move a fulfillment of campaign promises.
Still, it’s unclear whether the law will lead to the automatic imposition of the death penalty. Proving that the conditions have been met can be complicated in practice, which leaves judges with the option of deciding on alternative punishments. This ambiguity raises questions about the effectiveness and implications of the new legislation.
