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This bill also received the vote of Prime Minister Benjamin Netanyahu, who arrived at the Knesset (Israeli parliament), openly showing his support...
The Israeli parliament passed an internationally contested bill on Tuesday that would allow the death penalty for Palestinians convicted of terrorism. The bill also received the support of Prime Minister Benjamin Netanyahu, who arrived at the Knesset (Israeli parliament) to openly show his support.
The legislation, initiated by the far-right Otzma Yehudi party led by National Security Minister Itamar Ben-Gvir, has drawn harsh criticism from opponents who warn that it would mark a significant escalation in Israel's criminal policy.
Ben-Gvir has been pushing the legislation forward since the beginning of his tenure as national security minister, repeatedly stating that its passage was a condition of Otzma Yehudi’s coalition deal with Netanyahu. Discussions on the bill have been taking place in plenary since the morning, ahead of its second and third readings. The bill passed its first reading in January and has since been debated in the Knesset’s National Security Committee.
From the beginning, Ben-Gvir wanted an automatic death penalty for terrorism convictions, and that was the draft that passed in the first reading. The revised version stipulates that a judge will decide between the death penalty and life imprisonment.
The legislation has undergone several changes in recent weeks to soften some of its technical aspects, following criticism that some provisions were too harsh or unrealistic. The bill had also initially proposed carrying out executions by lethal injection before switching to hanging.
After the Knesset's National Security Committee advanced the bill last week for final reading, Ben-Gvir called it a "historic moment of justice" and vowed to continue to lead an uncompromising policy against terrorism.
The Knesset committee has held marathon discussions on the bill to move it forward quickly, with discussions continuing amid the war. Opposition lawmakers have sharply criticized the coalition for pushing forward controversial legislation unrelated to the war during Operation Roaring Lion.
Yisrael Beytenu Party leader Avigdor Liberman voted in favor of the bill after his position had been unclear. On Sunday, it was reported that his party would vote in favor of the bill only if Netanyahu and Arye Deri, the head of the Shas Party, came to vote. Opposition leader Yair Lapid (Yesh Atid), declared his opposition to the bill during speeches in the plenary session.
" What is on the Knesset table here is not law. It is a twisted public relations stunt, cynically exploiting the justifiable pain and anger of Israeli citizens for political gain ," he said.
Blue and White Party leader Benny Gantz also voted against the bill. The Haredi Sephardic Shas party said on Monday it would vote in favor of the death penalty bill by order of the Council of Torah Scholars, after various changes were made to it.
Under the proposals, death row inmates would be held in a separate facility with no visitors except from authorized personnel, with legal consultations conducted only via 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, allowing instead a simple majority decision. Military courts in the occupied West Bank will also have the right to impose death sentences, with the defense minister able to submit an opinion.
For Palestinians under occupation, the bill would close avenues for appeal or pardon, while prisoners tried inside Israel could see their sentences commuted to life imprisonment.
Military officials and ministries have repeatedly warned that the proposed law could violate international law and expose Israeli commanders to arrest warrants abroad. The justice and foreign ministries have reiterated these concerns in recent months as the bill has continued to advance through committee discussions. Despite mounting legal concerns, the bill has moved forward, prompting accusations from opponents that the government is pushing forward with a measure with serious moral and legal implications.
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 individual circumstances, including mitigating factors, and imposing a proportionate sentence that fits the crime. Hanging in prison constitutes torture or other cruel, inhuman or degrading punishment under international law,” the experts said.
The European Union's diplomatic service also condemned the draft law, saying: The death penalty is a violation of the right to life and cannot be carried out without violating the absolute right to be free from torture and other ill-treatment.
The death penalty 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 notorious Nazi war criminal Adolf Eichmann, a key architect of the Holocaust, in 1962.
On Sunday, the foreign ministers of Germany, France, Italy and the United Kingdom called on Israeli lawmakers to reject the bill. The European ministers said it had a “de facto discriminatory character” and risked “undermining Israel’s commitment to democratic principles.” But Israel has apparently decided to ignore their calls./ Pamphlet
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