Israel Passes Discriminatory Death Penalty Bill

Human Rights Watch

On March 30, the Israeli Knesset passed a discriminatory bill expanding use of the death penalty for terrorism-related offenses, Human Rights Watch said today. The wording of the bill makes it clear that it would primarily, if not exclusively, be applied to Palestinians.

Within the civil court system in Israel, the bill imposes the death penalty for the deliberate killing of a person with the intention of "negating the existence of the State of Israel." It mandates execution by hanging, restricts access to legal counsel and visits from family members, limits external oversight, and grants immunity to those involved in carrying out executions.

Within the military court system of the Occupied Palestinian Territory, the bill imposes the death penalty for killings classified as acts of terrorism, as defined under Israeli law, even without a prosecutorial request. The bill only allows courts to order life imprisonment in unspecified exceptional cases where "special reasons" are found, limiting judicial discretion. It also prohibits commutation of sentences and mandates execution within an accelerated timeframe of 90 days.

Israeli citizens and residents are explicitly excluded from this provision: military jurisdiction applies exclusively to Palestinians, while Israeli settlers are tried in civilian courts. The Israeli human rights group B'Tselem said in a statement that military trials of Palestinians have " an approximately 96% conviction rate, based largely on 'confessions' extracted under duress and torture during interrogations."

Human Rights Watch opposes capital punishment under all circumstances, as a practice unique in its cruelty and finality.

The following quote can be attributed to Adam Coogle, deputy Middle East director at Human Rights Watch:

"Israeli officials argue that the imposing the death penalty is about security, but in reality, it entrenches discrimination and a two-tiered system of justice, both hallmarks of apartheid. The death penalty is irreversible and cruel. Combined with its severe restrictions on appeals and its 90-day execution timeline, this bill aims to kill Palestinian detainees faster and with less scrutiny."

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