Why Israel’s New Death Penalty Law That Applies Only To Palestinians Has Triggered A Row

Last Updated:April 01, 2026, 19:09 IST

While the law technically allows for death penalty in civilian & military courts, critics argue that its legal definitions are designed to apply almost exclusively to Palestinians

The Israeli Knesset, on March 30, passed the ‘Penal Bill (Amendment — Death Penalty for Terrorists)’, which makes the death penalty the default punishment for certain lethal attacks.

While the law technically allows for the death penalty in both civilian and military courts, critics and international bodies argue that its structure and specific legal definitions are designed to apply almost exclusively to Palestinians.

What is the law passed by Israel?

The legislation establishes two separate legal pathways based on the court system and the defined “intent" of the crime:

MILITARY COURTS (TARGETING PALESTINIANS)

These courts exclusively try Palestinians in the occupied West Bank.

The death penalty—by hanging—is now the mandatory default punishment for anyone convicted of a “nationalistic" killing deemed an act of terrorism.

A simple majority of judges is now sufficient to impose the death sentence, whereas previous military law required a unanimous decision.

The law reportedly mandates execution within 90 days and provides no right to appeal or clemency.

CIVILIAN COURTS (TARGETING ISRAELI CITIZENS)

Israeli citizens (including settlers in the West Bank) are tried in civilian courts.

In these courts, judges have the option to choose between life imprisonment or the death penalty.

For a civilian court to impose the death penalty, the crime must be proven to have the specific intent of “negating the existence of the State of Israel". Critics argue this definition is framed to exclude Jewish Israelis who kill Palestinians.

Why was the law passed?

Proponents, led by far-right National Security Minister Itamar Ben-Gvir, argue the law is a necessary deterrent to stop “terrorists" from carrying out attacks or attempting kidnappings for prisoner swaps.

The bill was a key campaign promise of Ben-Gvir’s Otzma Yehudit (Jewish Power) party. Following the vote, Ben-Gvir celebrated in the Knesset, stating, “Whoever takes a life, the State of Israel will take their life".

Supporters point to the October 7, 2023 attacks as justification for harsher penalties, although the law is not retroactive and will only apply to future cases.

What is the global, domestic reaction?

Organizations like Amnesty International and Human Rights Watch have condemned the law as “discriminatory by design" and a hallmark of an “apartheid" system.

UN Human Rights Chief Volker Türk stated that applying the death penalty in a discriminatory manner to residents of an occupied territory would constitute a war crime.

The UK, France, Germany, and Italy issued a joint statement expressing “deep concern" that the bill undermines democratic principles.

Within hours of its passage, the Association for Civil Rights in Israel (ACRI) and other groups filed petitions with the Israeli Supreme Court, which is expected to review the law’s constitutionality.

KEY FAQs

Does the law officially target Palestinians?

Not explicitly, but critics say it will mainly apply to Palestinians due to how terror laws are enforced.

Does Israel currently use the death penalty?

Very rarely, only once (for Adolf Eichmann in 1962).

Will it reduce violence?

Supporters say yes with deterrence, critics say it may escalate conflict.

With agency inputs

News explainers Why Israel’s New Death Penalty Law That Applies Only To Palestinians Has Triggered A Row

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