Knesset approves mandatory death penalty for West Bank Palestinians convicted of fatal attacks

The Knesset on Monday passed a contentious law mandating the death penalty for Palestinians from the West Bank convicted of lethal attacks against Israelis, marking a significant and polarizing shift in the country’s judicial protocols.

The new legislation specifically targets Palestinians tried in military courts. Notably, the law does not apply to Jewish Israelis who kill Palestinians, a distinction that has fueled intense debate over legal equity.

Passed with a 62-48 margin and one abstention, the law received the explicit backing of Prime Minister Benjamin Netanyahu. It is scheduled to take effect within 30 days.

Far-right political victory: Ben-Gvir’s campaign pledge becomes law

The passage of the bill is viewed as a major political triumph for Israel’s far-right. National Security Minister Itamar Ben-Gvir had long championed the measure, making it a cornerstone of the coalition agreement between his Otzma Yehudit party and Netanyahu’s Likud.

The Palestinian Authority denounced the move as a “war crime against the Palestinian people.” Officials in Ramallah argued the law violates the Fourth Geneva Convention, particularly regarding the right to a fair trial and the legal safeguards afforded to individuals under occupation.

Scope limited to military courts and Palestinians

Introduced amid ongoing Israeli military operations in Gaza, the law empowers military courts—which oversee non-citizen Palestinians in the West Bank—to hand down capital sentences. Amichai Cohen of the Israel Democracy Institute told the Associated Press that “Jews will not be tried under this law.” Cohen further noted that under international law, the Knesset lacks sovereign legislative authority over the West Bank, which remains outside Israel’s recognized borders.

Legal advisors to the Knesset’s National Security Committee had previously warned that the bill’s lack of provisions for pardons or sentence reductions could place Israel in direct conflict with international treaties.

Rights groups warn of “96% conviction rate”

The human rights organization B’Tselem reported prior to the vote that the conviction rate for Palestinians in military courts stands at approximately 96%. In a statement on social media, the group alleged that many of these convictions rely on “confessions” obtained through coercion and torture during interrogation.

The organization further contended that the law is designed to target Palestinians exclusively, potentially creating a punitive mechanism that normalizes the killing of Palestinians. According to Addameer, an advocacy group for Palestinian prisoners, more than one-third of the 9,500 Palestinians held by Israel as of March 11 were under administrative detention without trial.

Shortly after the vote, the Association for Civil Rights in Israel (ACRI) announced it had filed a petition with the High Court of Justice. ACRI characterized the law as “inherently discriminatory” and enacted without legal jurisdiction over West Bank Palestinians. The group also highlighted that the law lowers the threshold for capital punishment, allowing courts to reach a verdict by a simple majority rather than the previously required unanimity.

While Israeli law technically permits the death penalty for crimes such as genocide and wartime treason, the state has not carried out an execution since Adolf Eichmann in 1962. Speaking before the vote while wearing a noose-shaped lapel pin, Ben-Gvir declared, “From today, every terrorist and the entire world will know: whoever takes a life, the State of Israel will take theirs.”

The legislation, enacted during a period of escalating violence in the occupied West Bank, drew swift condemnation from France, Germany, Italy, and the UK. Amnesty International warned the measure would serve as “another discriminatory tool added to Israel’s system of apartheid.”