Palestinian Territory – The Israeli Knesset's approval of a bill to impose the death penalty on Palestinian detainees and prisoners constitutes a dangerous escalation that further entrenches Israel's apartheid system. It reflects a continued destructive intent against the Palestinian people after two years of genocide and demonstrates the extent to which Israel is seeking to codify a discriminatory maximum sentence applied specifically to Palestinians within a judicial system that lacks fair trial guarantees for a population it illegally occupies, in violation of its obligations under international humanitarian law and international human rights law.
Euro-Med Monitor expresses grave concern over the Israeli Knesset's first reading approval, on Monday evening, 10 November, of a bill permitting the execution of Palestinian prisoners and detainees, adopted by a vote of 39 in favour and 16 against out of 120 members.
The Knesset's National Security Committee approved the bill on 3 November ahead of yesterday's first reading. It now proceeds to second and third readings before becoming law. The bill was introduced by the Otzma Yehudit (Jewish Power) party, led by Itamar Ben Gvir.
The enactment of this bill represents a dangerous escalation in Israeli policy towards Palestinians and confirms the systematic discrimination and violence imposed upon them
The bill stipulates that "any person who intentionally or recklessly causes the death of an Israeli citizen or a person residing in Israel, when motivated by racism, hatred, or intent to harm Israel or the Israeli people, shall be subject to the death penalty." It further stipulates that the sentence of any person who receives a final death verdict may not be commuted.
The enactment of this bill represents a dangerous escalation in Israeli policy towards Palestinians and confirms the systematic discrimination and violence imposed upon them, which has culminated in the ongoing genocide in the Gaza Strip for more than two years. This legislative trend forms part of an institutional system of persecution targeting Palestinians based on their national identity, with the ultimate aim of erasing their existence as a protected national group under international law.
Imposing the death penalty against Palestinians constitutes a clear violation of international humanitarian law and of Israel's obligations as an occupying power. Palestinians are protected persons under the Fourth Geneva Convention, which prohibits an occupying power from imposing the death penalty except in extremely limited cases involving the most serious premeditated crimes, and only where such penalties are based on laws that were in force before the occupation, not on new legislation introduced by the occupying power.
Euro-Med Monitor recalls the International Court of Justice's 2024 advisory opinion on the legal consequences of Israel's policies and practices in the occupied Palestinian territory, including East Jerusalem, which found that the extension of the Israeli legal system to the occupied territory and the imposition of domestic legislation on the Palestinian population contravene the law of occupation, undermine the Palestinian people's right to self-determination, and constitute an unlawful use of legislation to entrench control and achieve de facto annexation.
As a state party to the International Covenant on Civil and Political Rights, Israel remains obligated, even without ratifying the Second Optional Protocol, not to reinstate the death penalty after its suspension, nor to expand its application to offences that did not carry the death penalty at the time of the Covenant's ratification or thereafter, nor to reduce the restrictions on its application, in accordance with Article 6 of the Covenant.
The Israeli bill contradicts the restrictions set out in Article 6(2) of the International Covenant on Civil and Political Rights, which provides that the death penalty may be imposed only for the most serious crimes and only in accordance with the law in force at the time the offence was committed. In contrast, the bill permits the death penalty even in cases of unintentional killing or killing resulting from negligence. This constitutes a fundamental breach of the Covenant's provisions, as well as a violation of the principles of proportionality and legality in criminal sentencing.
The most dangerous aspect of the bill lies in its application within a judicial system that lacks any guarantees of a fair trial for Palestinians. Confessions are extracted under duress, effective legal representation is unavailable, the presumption of innocence is disregarded, and there is no right to appeal or to access documents essential for the defence. There is also a complete absence of integrity in criminal proceedings and a lack of judicial independence. Imposing the death penalty in this context cannot be regarded as a legitimate judicial measure but constitutes an arbitrary deprivation of the right to life, in violation of core principles of international human rights law.
Imposing the death penalty in a discriminatory manner against Palestinians based on national or religious identity contradicts the principle of equality before the law and constitutes a clear violation of the International Covenant on Civil and Political Rights, which prohibits the selective or racist application of capital punishment. It is also absolutely prohibited to impose the death penalty in the context of a policy of genocide targeting members of a national, ethnic, racial or religious group.
The trial of Palestinian civilians before the military courts of an occupying power violates the fundamental principle prohibiting the submission of civilians to military jurisdiction, particularly in cases where the sentence may reach the death penalty. Any judgment issued under these conditions lacks legal validity and stands in clear contravention of Israel's international obligations.
The threat made two weeks ago by the Israeli Minister of National Security, Itamar Ben Gvir, during the opening of the Knesset's Winter Session, that his party would not support the governing coalition unless the bill was put to a vote within three weeks, demonstrates that the enactment of racist and discriminatory laws against Palestinians has become a tool of political bargaining and leverage within the Israeli political system. This reflects a systematic political approach that deepens the institutional nature of the apartheid imposed on Palestinians.
The current debate surrounding the bill creates a misleading impression that Israel had previously abolished the death penalty and is now seeking to "reinstate" it. In reality, Israel has continuously carried out extrajudicial killings and summary executions of Palestinians in the field and in detention centres. The danger of the new bill does not lie in introducing a penalty that did not already exist, but in providing legislative and judicial cover for an existing policy of killing and expanding it into an official, arbitrary punitive measure against Palestinian detainees.
Statements by Israeli government officials, particularly Ben Gvir, make clear that the bill's actual purpose is to pave the way for mass executions that could target hundreds of Palestinian detainees, especially those Israel alleges took part in the 7 October 2023 attack. This would entail applying the law retroactively, in flagrant violation of the fundamental criminal justice principle that prohibits imposing harsher penalties on acts committed before the enactment of the relevant legislation, and in clear breach of Israel's obligations under international human rights law.
Israel is engaging in deliberate deception by seeking to enact racist legislation that legitimises practices it is already carrying out on the ground, having conducted dozens of extrajudicial executions of Palestinian prisoners and detainees over the past two years. 81 deaths have been recorded in Israeli prisons and detention centres since 7 October, and available data indicate that many of those forcibly disappeared from the Gaza Strip are likely to have been killed in detention. Examinations of bodies returned by Israeli forces under ceasefire arrangements showed ligature marks around the neck, indicating direct extrajudicial execution.
For years, the Israeli army and security forces have carried out widespread and systematic extrajudicial executions of Palestinian civilians, both at military checkpoints in the West Bank and during the genocide and previous military attacks on the Gaza Strip. These killings are carried out under security pretexts and unfounded claims with no legal basis, as part of a consistent policy aimed at destroying Palestinian lives while granting complete impunity to those responsible.
Instead of investigating these crimes and holding those responsible accountable, Israel is now seeking to shift from extrajudicial executions to official legislation that provides a legal façade for the killing of Palestinians after trials that lack even the most basic guarantees of justice. This constitutes a further step towards entrenching apartheid against the Palestinian people.
The international community's inaction, and the complicity of some of its members, in relation to the genocide and other grave crimes committed by Israel in the Gaza Strip over the past two years, constitutes a clear violation of states' obligations under international law, particularly the duty to prevent and punish genocide in accordance with the 1948 Genocide Convention.
Euro-Med Monitor stresses that the international community's failure to activate accountability mechanisms or impose punitive measures on Israel, together with the direct political, military, and economic support provided by some states, has entrenched a policy of impunity and enabled the Israeli authorities to continue committing grave violations of international humanitarian law and international human rights law.
The international community, particularly the states parties to the Geneva Conventions and the International Covenant on Civil and Political Rights, must take immediate, effective measures to pressure Israel to withdraw and halt the death penalty bill. Should this discriminatory legislation be enacted, states must adopt concrete political, economic, and judicial measures, including suspending military and security cooperation with Israel and imposing a comprehensive arms embargo.
Euro-Med Monitor urges states and relevant international organisations to take urgent steps to ensure the protection of Palestinian detainees and prisoners. This includes enabling independent international monitoring missions to access all places of detention, regularly and transparently assess detainee conditions, and open independent investigations into all reported deaths in Israeli prisons and detention centres. The findings of these investigations should be submitted to the relevant international mechanisms in preparation for holding those responsible criminally accountable, including before the International Criminal Court.
The Office of the Prosecutor of the International Criminal Court must prioritise the situation of Palestinian prisoners and detainees within the ongoing investigation into the occupied Palestinian territory. This includes examining extrajudicial executions and deaths in detention centres, as well as any potential application of the death penalty under the new legislation, as patterns of crimes targeting the Palestinian population as a protected group that fall within the Court's jurisdiction.
Ending the illegal Israeli occupation, lifting the blockade on the Gaza Strip, and enabling the Palestinian people to exercise their inalienable right to self-determination is the fundamental solution and the primary guarantee to end oppression, genocide, and apartheid against Palestinians.
