Knesset advances death penalty bill for Palestinians amid legal warnings

The Israeli Parliament (Knesset) is continuing the legislative process for a bill that mandates the death penalty for Palestinians who kill an Israeli with “nationalist motives.” Following the bill’s passage through its first reading in the Knesset in November, the Haaretz newspaper has conducted a comprehensive examination of the draft’s details and the legal objections raised against the regulation.

Officially titled “Death Penalty for Terrorists” and drafted by Limor Son Har-Melech, a Member of Knesset from the Otzma Yehudit (Jewish Power) party, the regulation was approved in a parliamentary vote of 39 to 16.

Simple majority of judges to suffice for death penalty

The bill proposes radical changes to the functioning of Israeli military courts. Under the new terms, military courts would be empowered to issue death sentences even without a request from the prosecutor. Contrary to the current system, a unanimous decision by the judges would no longer be required for a death sentence; a simple majority vote would be deemed sufficient.

According to the proposal, executions are to be carried out by hanging. The executions, conducted under the supervision of the Israel Prison Service and in accordance with an order signed by a judge, are targeted for completion within 90 days of the final ruling. The execution process will be carried out by an official appointed directly by the Commissioner of the Prison Service.

Judicial immunity for executioners and total isolation

The regulation introduces aggravated isolation conditions for Palestinian prisoners sentenced to death. These inmates will be held in near-total isolation, with visits restricted exclusively to authorized personnel. Attorney consultations will be permitted solely via video call, with no physical contact allowed. Once the sentence is finalized, no sentence reduction or commutation will be applied.

Another notable element of the bill is the protective shield provided to the officials carrying out the execution. Neither prison staff nor the state will bear any legal liability for the executions. While details regarding the executions will be published on the Prison Service’s website, the Freedom of Information Law will be suspended during this process, and the identities of the personnel involved will remain classified.

Ben Gvir’s ‘golden noose’ celebration

Israeli Minister of National Security Itamar Ben Gvir celebrated the bill’s passage of the first stage by distributing sweets in the parliament and wearing a “golden noose” pin on his lapel. In a subsequent statement, Ben Gvir described the noose symbol as “one of the options,” adding that the “electric chair” and “lethal injection” methods were also among the possibilities.

‘Racist system’ warning from jurists

Legal advisors to the Knesset National Security Committee have warned that the bill contains serious constitutional and legal problems. The advisors noted that the regulation would apply solely to Palestinians living in the occupied West Bank, thereby creating a separate legal regime and giving rise to the risk of violating international agreements.

Human rights organizations have also reacted strongly to the proposal. The Association for Civil Rights in Israel emphasized that the regulation would grant the state the authority to “deliberately kill people.”

The association characterized the bill as a dangerous step toward a “racist legal system” based on selective and oppressive practices against Palestinians.