Israeli authorities have begun enforcing a controversial death penalty law targeting Palestinians in the occupied West Bank convicted of deadly acts of terrorism.
Israel enforces death penalty law targeting Palestinians in West Bank
The law came into effect on Sunday night after the commander of the Israeli military’s Central Command, Maj. Gen. Avi Bluth signed the military order. This is required to implement it in the territory.
Under the measure, military courts handling terrorism cases that result in death must impose the death penalty as the primary sentence. However, unless judges identify special circumstances that justify life imprisonment instead.
The legislation, approved at the end of March, applies only to Palestinians tried in Israel’s military court system in the West Bank. Israeli citizens and residents accused of similar offences remain subject to Israel’s civilian courts, where the law does not apply.
Critics have condemned the legislation as discriminatory. They argue that it creates separate legal standards for Palestinians and Israelis.
The law also requires prosecutors to prove that attackers acted with the intention of negating the existence of the State of Israel before courts can impose the death penalty.
Legal analysts say that the condition may complicate efforts to secure automatic death sentences in some cases. This leaves the judges with discretion to impose prison terms instead.
Critics, legal challenges mount over alleged discriminatory application of new military order
Several human rights groups and political organisations have already challenged the law at Israel’s High Court of Justice. The court directed the state to respond to the petitions by May 24.
Israeli Defence Minister Israel Katz and National Security Minister Itamar Ben-Gvir defended the measure. They describe it as a tougher response to terrorism following the October 7, 2023, attacks.
“This is a clear and sharp change of policy after the October 7 massacre. A terrorist who murders Jews can no longer rely on prisoner exchange deals, prison conditions, or the hope of future release,” Katz and Ben-Gvir said in a joint statement.
Katz added that convicted attackers will pay the heaviest price. Ben-Gvir described the implementation of the law as the fulfilment of a campaign promise by his far-right Otzma Yehudit party.
Opponents of the law, however, insist that it specifically targets Palestinians while excluding Israelis from similar punishment. This raises concerns over unequal application of justice in the occupied territory.
In another development, Médecins Sans Frontières (MSF), known as Doctors Without Borders, has warned that hundreds of thousands of Palestinians risk losing access to drinking water. They noted that this is particularly possible if authorities force the organisation and other humanitarian groups to halt operations in the Gaza Strip.