Israel’s parliament approved a law Monday making hanging the standard punishment for Palestinians

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AP Photo/Itay Cohen

AP Photo/Itay Cohen

Israel’s parliament on Monday passed legislation establishing hanging as the default sentence for Palestinians convicted of deadly attacks in West Bank military courts. The law, spearheaded by National Security Minister Itamar Ben-Gvir, mandates that executions occur within 90 days of sentencing, allows only limited postponements, removes the possibility of clemency, and gives judges the option to impose life imprisonment instead. Although military courts could previously hand down death sentences, they had never carried one out. Israel abolished capital punishment for murder in 1954; the only execution under civilian law was that of Nazi official Adolf Eichmann in 1962.

The legislation also extends into civilian courts, requiring life imprisonment or the death penalty for anyone convicted of intentionally killing with the aim of ending Israel’s existence. Critics, including senior Israeli justice officials, warned that the law could violate legal norms. The measure passed by a vote of 62-58 after Prime Minister Benjamin Netanyahu revised earlier language that had mandated the death penalty for non-Israelis convicted in military courts of lethal attacks. Civil rights organizations, such as the Association for Civil Rights in Israel, have filed appeals with the Supreme Court, arguing that the law is unconstitutional and discriminatory. Observers note that the legislation reflects a more hardline approach toward Palestinians following the Hamas-led assault on southern Israel on October 7, 2023.

Palestinian President Mahmoud Abbas denounced the law as contrary to international law, asserting that it would not prevent what he described as a legitimate quest for statehood. Hamas and Islamic Jihad called for retaliatory actions. International critics, including the foreign ministers of Germany, France, Italy, and Britain, said the law disproportionately targets Palestinians and undermines democratic standards in Israel. UN experts warned that ambiguous definitions of “terrorist” could result in the death penalty being applied inappropriately. Human rights groups, including Amnesty International, noted that there is no evidence capital punishment deters crime more effectively than life sentences, while Israeli organization B’Tselem highlighted a 96% conviction rate in West Bank military courts and reported instances of coerced confessions.

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