New Israeli law on death penalty raises questions over justice and jurisdiction

Israel’s parliament, the Knesset , has passed a controversial law introducing the death penalty as the default punishment for Palestinians convicted of nationalistically motivated killings of Israelis. The legislation, approved by a 62-48 vote , marks a major shift in Israel’s legal stance and has drawn widespread criticism from international governments and rights groups.

Prime Minister Benjamin Netanyahu was present during the vote, while National Security Minister Itamar Ben-Gvir, who led the push for the bill, described it as a necessary deterrent against terrorism . Under the new law, military courts which try West Bank Palestinians will impose hanging as the default sentence , with limited scope for leniency.

Although the law allows Israeli civilian courts to apply the death penalty, legal experts argue its definitions make it effectively applicable only to Palestinians , raising concerns of systemic discrimination .

The move comes amid the ongoing Israel-Hamas War, triggered by the October 2023 attacks led by Hamas. Most large-scale attacks against Israelis have historically been carried out by organised militant groups , not unaffiliated civilians. While sporadic lone-wolf attacks by individuals do occur, they represent a small fraction compared to coordinated operations.

The law is expected to face legal challenges , with the Association for Civil Rights in Israel already petitioning the Supreme Court, calling it “discriminatory by design.” Critics also argue Israel lacks jurisdiction to legislate for the West Bank under international law.

Israel has rarely enforced capital punishment, carrying out only one execution, that of Adolf Eichmann, a senior Nazi official and one of the main architects of the Holocaust , responsible for organising the mass deportation of millions of Jews to ghettos and extermination camps during World War II. After the war, he fled to Argentina but was captured by Israeli agents in 1960, tried in Israel for crimes against humanity, war crimes, and genocide, and was executed in 1962 following his conviction.

If implemented, this law would mark a significant departure from past practice and could further escalate tensions in an already volatile region.