Israeli legal experts warn death penalty bill for Palestinians faces international fallout

Legal and security officials in Israel have raised strong objections to draft legislation that would impose the death penalty on Palestinian prisoners convicted of deadly attacks against Israelis, warning the bill contains unlawful provisions with severe international ramifications. The proposed law, introduced by National Security Minister Itamar Ben-Gvir's far-right Otzma Yehudit party, passed its first Knesset reading in November 2025 and awaits final approval.

Discriminatory Provisions Under Scrutiny

The legislation mandates capital punishment for Palestinians convicted of causing death—whether "intentionally or unintentionally"—while permitting Israeli citizens convicted of identical offenses to receive life imprisonment instead. Critics point to a clause allowing the defense minister to authorize military commanders to impose the death sentence exclusively on West Bank Palestinians, explicitly excluding Israeli citizens or residents. Defense Ministry official Eliran Ben Eliezer told lawmakers this provision violates the Geneva Convention, with his ministry opposing its inclusion.

Officials Cite Constitutional and Diplomatic Concerns

During National Security Committee deliberations, Justice Ministry official Lilach Wagner stated the bill "did not meet constitutional standards." Defense Ministry legal department representative Yuval Zilber noted complications regarding expanded authority delegated to the defense minister, adding that Defense Minister Israel Katz's position "had not yet been formulated." Officials further warned that even security establishment figures approached the bill cautiously regarding its effectiveness, while acknowledging its "weighty international implications."

Broader Context of Detention and Legislation

The proposed law advances amid Israel's ongoing military campaign in Gaza and intensified West Bank operations, where over 9,300 Palestinian prisoners—including women and children—are currently held. Palestinian and Israeli rights groups have documented systematic torture, medical neglect, and starvation within Israeli detention facilities, resulting in dozens of fatalities. Critics characterize Israel's accumulating legal framework targeting Palestinians as inherently discriminatory, designed to entrench occupation, facilitate land seizure, and compel displacement.