Israel’s parliament has advanced a contentious bill to impose the death penalty on Palestinians convicted of terrorism to its final vote, after the Knesset’s national security committee approved the measure on Tuesday.
The legislation, initiated by the far-right Otzma Yehudit party led by the national security minister, Itamar Ben-Gvir, has drawn sharp criticism from opponents who warn it would mark a significant escalation in Israel’s penal policy. Members of Otzma Yehudit have worn noose-shaped pins in support of the bill.
Under the proposals, those sentenced to death would be held in a separate facility with no visits except from authorised personnel, with legal consultations conducted only by video link. Executions would be carried out within 90 days of sentencing.
The measure allows courts to impose the death penalty without a request from prosecutors, and without requiring unanimity, instead permitting a simple majority decision. Military courts in the occupied West Bank would also be empowered to hand down death sentences, with the defence minister able to submit an opinion.
For Palestinians under occupation, the bill would close off avenues for appeal or clemency, while prisoners tried inside Israel could see their sentences commuted to life imprisonment.
The centre-left Knesset member Gilad Kariv – seen here attempting to stop settlers operating a bulldozer in the West Bank last summer – is among those raising objections to the bill. Photograph: Alaa Badarneh/EPA
The committee made some amendments to the bill, which passed its first vote, Israel’s public broadcaster KAN reported, adding that executions would be carried out through hanging.
Ben-Gvir, among the most ardent backers of the bill, has repeatedly worn a noose-shaped lapel pin – a symbol of the method by which Palestinians could be executed under the proposed law.
He described hanging as “one of the options” for implementing the death penalty, adding that alternatives could include the electric chair or “euthanasia”. He also claimed to have received support from doctors willing to participate in executions, saying they had told him: “Just tell us when.”
Military officials and government ministries have repeatedly warned that the proposed law could breach international law and expose Israeli commanders to arrest warrants abroad. The justice and foreign ministries have echoed those concerns in recent months as the bill continued to advance through committee discussions.
Critics, including the centre-left lawmaker Gilad Kariv, have also raised objections to provisions requiring executions within 90 days with no option for clemency, warning it could place the Israeli military in legal jeopardy and open the door to proceedings in foreign courts.
Despite the mounting legal concerns, the bill has moved forward, prompting accusations from opponents that the government is pushing through a measure with serious moral and legal implications.
“Israel is already killing Palestinians on a regular basis – in detention facilities, and in the field, where lethal force is widely used by Israeli settlers and by the military with close to zero accountability,” said Yuli Novak, the executive director of the Israeli human rights group B’Tselem. ‘‘This law is another tool in this toolbox.’’
‘Israel is already killing Palestinians on a regular basis,’ said Yuli Novak, the director of the human rights group B’tselem. Photograph: Quique Kierszenbaum/The Guardian
UN experts last month urged Israel to withdraw the bill, saying it “would violate the right to life and discriminate against Palestinians in the occupied Palestinian territory”.
“By removing judicial and prosecutorial discretion, they prevent a court from considering the individual circumstances, including mitigating factors, and from imposing a proportionate sentence that fits the crime,” the experts said. “Hanging amounts to torture or other cruel, inhuman or degrading punishment under international law.”
The European Union’s diplomatic service also condemned the bill, saying: The death penalty is a violation of the right to life and cannot be executed without violation of the absolute right to be free from torture and other ill-treatment.”
Capital punishment in Israel is currently reserved for the most exceptional cases and has only been used twice against convicted prisoners. The last time was to hang the notorious Nazi war criminal Adolf Eichmann, a key architect of the Holocaust, in 1962.
