The legislation, officially titled the Penal Bill (Amendment ― Death Penalty for Terrorists), makes death the default sentence in military courts for Palestinians found guilty of intentional killings “with the intent of rejecting the existence of the State of Israel.” Judges may only impose life imprisonment under “special circumstances,” a reversal of current practice. Crucially, the law eliminates the right to pardon or clemency and does not require a unanimous judicial decision, allowing a simple majority to impose execution.
A Law of Two Systems: Targeting Palestinians
Legal experts and human rights groups argue the law is de facto discriminatory, designed to apply almost exclusively to Palestinians. It creates a dual legal framework: military courts in the West Bank, which try only Palestinians, will impose a mandatory death sentence. In contrast, Israeli civilian courts can choose between death and life imprisonment, with the ideological burden of proof—“rejecting the existence of Israel”—making application to Jewish extremists highly unlikely.
“The bill is discriminatory by design,” said the Association for Civil Rights in Israel (ACRI), which filed an immediate petition to the High Court of Justice challenging the law’s constitutionality and Israel’s legal authority to legislate in occupied territory.
Champions and Celebration: The Far-Right’s Victory
The law was championed by National Security Minister Itamar Ben-Gvir of the far-right Otzma Yehudit (Jewish Power) party. After the vote, Ben-Gvir celebrated in the Knesset chamber with a bottle of champagne and a golden noose-shaped lapel pin, declaring: “We made history… Whoever chooses terror chooses death.”
Prime Minister Benjamin Netanyahu, who had initially opposed the bill over hostage safety concerns, reversed his stance and voted in favor, underscoring his coalition’s dependence on far-right support. The bill’s sponsor, Knesset member Limor Son Har-Melech, called it a “historic law” for victims’ families.
Widespread Condemnation: From Human Rights to Global Powers
The law has been condemned by Israeli opposition leaders, security officials, rabbis, doctors, and human rights organizations. Opposition lawmaker Gilad Kariv (Labor) called it an “extreme” and “immoral” election ploy that endangers future Israeli hostages.
Globally, the response has been swift and severe. The foreign ministers of Germany, France, Italy, the UK, and Australia issued a joint statement warning the bill is “de facto discriminatory” and undermines democratic principles. The UN Human Rights Office urged Israel to “immediately repeal” the law, stating it violates prohibitions on cruel, inhuman, or degrading punishment and entrenches racial segregation and apartheid.
Amnesty International called the law a “public display of cruelty, discrimination and utter contempt for human rights,” warning it could amount to war crimes given the military courts’ 96% conviction rate and documented use of torture to extract confessions.
Palestinian Outrage and Legal Challenges
The Palestinian Authority and Hamas denounced the law as a “dangerous escalation” and a “blatant violation of international law.” President Mahmoud Abbas stated: “Such laws will not break the will of the Palestinian people.” The Palestinian Prisoners’ Society warned of a “historic escalation” of politically motivated executions.
The law does not apply retroactively, excluding perpetrators of the October 7, 2023 Hamas attacks. However, a separate Tribunals Law is being fast-tracked to establish a special military court for those cases.
Uncertain Future: Implementation and the Supreme Court
While the law takes effect in 30 days, its implementation is uncertain. The Israel Prison Service must carry out executions within 90 days of sentencing, though the Prime Minister can request a delay of up to 180 days.
Legal scholars widely expect the Israeli Supreme Court to strike down the law, citing violations of constitutional rights, international law, and the Knesset’s jurisdiction over occupied territory. The Shin Bet and Foreign Ministry had previously opposed the bill, warning it would increase violence, damage Israel’s international standing, and turn prison guards into “war criminals.”
As the legal battle begins, the law stands as a stark symbol of Israel’s hardening stance—one that has drawn the nation deeper into controversy on the global stage.