On Monday evening, the Israeli parliament adopted a law allowing the death punishment to be applied to Palestinian prisoners from the West Bank, while maintaining different rules for Israeli citizens. The fresh rules fundamentally change judicial procedures, restrict the anticipation of appeal and velocity up proceedings. There are now over 9300 Palestinians in Israeli prisons, including women and minors.
The bill was passed by a majority of 62 to 48 votes, with the support of the ruling coalition. 1 of its main initiators was the national safety minister Itamar Ben Gwir, who stressed that the fresh regulations were intended to constitute both a form of justice for victims and a deterrent against perpetrators of violence.
The vote was besides attended by Prime Minister Benjamin Netanyahu, who yet advocated the adoption of the rules, despite the earlier doubts of any coalition groups. The bill was besides supported by leaders of spiritual parties, although concerns arose during the debate about the possible consequences for the safety of judaic communities outside the country.
Under the fresh regulations, the death punishment may be ordered against those convicted of fatal attacks with the intention of undermining the existence of the State of Israel. The government primarily covers persons under the jurisdiction of military courts, which in practice mainly concerns Palestinians from the West Bank.
The executions are to be carried out by hanging and are to be carried out within 90 days of the judgment. The convicts will be held in separate centres, with limited access to external contacts — visits will be stopped and communication with defenders limited to video calls.
The Act besides introduces crucial procedural changes. A simple majority of the judges' votes will be adequate for the death penalty, alternatively of the unanimity required so far. The anticipation of appeal and pardon has besides been abolished, which in practice importantly limits the means of defence available to the accused.
The fresh rules let the death conviction to be issued even without the formal motion of the prosecutor, and military courts in the West Bank have gained full competence in this respect. The Minister of Defence may present his opinion in the proceedings covered by the Act.
In Israel’s history, the death punishment was highly uncommon — the last execution carried out in 1962 against Nazi war criminal Adolf Eichmann.
Critics of the bill point out that its records apply only to persons tried by military courts, while Israeli citizens are subject to civilian courts. In practice, this means that regulations do not include judaic perpetrators of political force unless their actions are qualified as an effort to undermine the existence of the state.
At the same time, the provisions do not apply to Hamas members participating in the attacks of October 7, 2023, for whom a separate procedure is provided.
The adoption of the Act met with the reaction of human rights organisations, which took legal steps to challenge it. 1 organization informed of the petition to the ultimate Court, demanding the repeal of the fresh rules.
UN experts besides expressed concern about the hazard of a violation of the right to life and the possible discriminatory nature of the regulation. In their assessment, the Act limits the anticipation for courts to measure cases individually and to apply proportionate penalties.
European countries have besides taken a critical position. The United Kingdom, France, Germany and Italy have stressed that the solutions adopted rise serious concerns and may undermine Israel's commitment to democratic standards.
The European Union institutions and global organisations besides referred negatively to the law, pointing to possible violations of fundamental human rights, including the right to life and the prohibition of torture.
In consequence to the adoption of legislation, Palestinian Hamas and muslim Jihad called for retaliation. There have besides been warnings that fresh regulations can contribute to further escalation of tensions in the region.
Comment: fresh media reports indicate that Israel plans to sanction a public apartheid against Palestinians. This is all happening in front of the “civilized West” who has not yet lifted a finger in defence of this nation...
