Home NewsIsrael’s Knesset Advances Controversial Death Penalty Bill for Palestinians Convicted of Terrorism

Israel’s Knesset Advances Controversial Death Penalty Bill for Palestinians Convicted of Terrorism

by Mark Ellison

JERUSALEM – The Knesset advanced a bill to a final vote that would allow courts to impose the death penalty on Palestinians convicted of terrorism, after the parliament’s national security committee approved the measure on March 24, 2026.

The proposal, initiated by the far-right Otzma Yehudit party led by National Security Minister Itamar Ben-Gvir, has drawn immediate backlash from opposition lawmakers, government legal officials and international bodies, who argue it would mark a significant shift in Israel’s penal policy and expose the country to legal risks.

The measure is moving through Israel’s 120-seat parliament, which serves as the country’s sole legislative chamber under the terms of its Basic Laws and Knesset framework, and would for the first time create a dedicated capital-punishment track for Palestinians convicted of terrorism offenses in territories under Israeli control.

What the measure would change

Supporters depict the bill as a deterrent aimed at what they describe as a wave of deadly attacks. The text endorsed in committee would harden sentencing rules, compress timelines and expand where capital punishment could be ordered, effectively carving out an exception to Israel’s longstanding practice of avoiding executions in ordinary criminal cases.

Key provisions described by officials and public reporting include:
– Courts could impose the death penalty for qualifying terrorism offenses without a request from prosecutors.
– A simple majority of judges would suffice; unanimity would not be required.
– Those sentenced would be held in a separate facility, with no visits except by authorized personnel; legal consultations would occur by video link only.
– Executions would take place within 90 days of sentencing.
– Military courts in the occupied West Bank would be empowered to issue death sentences; the defense minister could submit an opinion to such courts.
– For Palestinians under occupation, the bill would close off avenues for appeal or clemency; prisoners tried inside Israel could see sentences commuted to life imprisonment.

Israel’s public broadcaster KAN reported that committee amendments specify hanging as the execution method. Ben-Gvir has repeatedly appeared with a noose-shaped lapel pin and described hanging “as ‘one of the options’” for implementing the death penalty, adding that alternatives could include the electric chair or “euthanasia”. He also claimed to have received support from doctors willing to participate in executions, saying they had told him: “Just tell us when.”

The centre-left Knesset member Gilad Kariv – seen here attempting to stop settlers operating a bulldozer in the West Bank last summer – is among those raising objections to the bill. Photograph: Alaa Badarneh/EPA

Objections inside government and the security establishment

Military officials and government ministries have repeatedly warned the proposed law “could breach international law” and expose Israeli commanders to arrest warrants abroad. The justice and foreign ministries have echoed those concerns in recent months as the bill moved through committee deliberations, cautioning that codifying a discriminatory capital regime for Palestinians could be cited in future proceedings at international tribunals.

Center-left lawmaker Gilad Kariv has criticized provisions requiring executions within 90 days with no option for clemency, warning the measure could place the Israeli military in legal jeopardy and open proceedings in foreign courts. Former security officials have also questioned whether the law would in fact deter attacks, or instead incentivize militant groups to seek prisoner exchanges rather than surrender.

International pushback

UN experts in February 2026 urged Israel to withdraw the bill, saying it “would violate the right to life and discriminate against Palestinians in the occupied Palestinian territory”.

“By removing judicial and prosecutorial discretion, they prevent a court from considering the individual circumstances, including mitigating factors, and from imposing a proportionate sentence that fits the crime,” the experts said. “Hanging amounts to torture or other cruel, inhuman or degrading punishment under international law.”

The European Union’s diplomatic service also condemned the measure, stating: “The death penalty is a violation of the right to life and cannot be executed without violation of the absolute right to be free from torture and other ill-treatment.” EU officials signaled that final passage could further strain ties already under pressure over Israel’s conduct in the occupied territories.

Rights advocates and political messaging

The advocacy group B’Tselem linked the bill to broader patterns of lethal force, with executive director Yuli Novak saying: “Israel is already killing Palestinians on a regular basis – in detention facilities, and in the field, where lethal force is widely used by Israeli settlers and by the military with close to zero accountability,” and adding: “This law is another tool in this toolbox.”

Members of Otzma Yehudit have worn noose-shaped pins in support of the bill, a symbol that has featured prominently as the proposal advanced and that critics say underscores its role in the coalition’s domestic political messaging as much as in counter-terrorism policy.

‘Israel is already killing Palestinians on a regular basis,’ said Yuli Novak, the director of the human rights group B’tselem. Photograph: Quique Kierszenbaum/The Guardian

Where it fits in Israel’s legal framework

Capital punishment in Israel is currently reserved for the most exceptional cases and has only been used twice against convicted prisoners. The last time was to hang the notorious Nazi war criminal Adolf Eichmann, a key architect of the Holocaust, in 1962. In practice, courts sentence even those convicted of deadly attacks to life imprisonment rather than death, and the political system has maintained a de facto moratorium for decades.

By explicitly targeting Palestinians convicted of terrorism in the occupied West Bank and differentiating their treatment from that of Jewish Israelis tried in civilian courts, the bill would mark a departure from this long-standing restraint and invite scrutiny under the international prohibition on discriminatory application of the death penalty.

Timeline and next steps

– March 24, 2026: The Knesset’s national security committee approves the bill, moving it to a final vote in the full chamber.
– February 2026: UN experts publicly urge Israel to withdraw the proposal, citing obligations under international law.

The bill now moves to the Knesset plenum for a final vote, where it will test the governing coalition’s cohesion and Israel’s willingness to push ahead with a policy that places it at odds with the global trend toward abolition of capital punishment, as tracked by organizations such as Amnesty International.

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