Israel’s parliament has approved legislation allowing the death penalty for certain killings deemed nationalistic, drawing swift condemnation from rights groups, foreign governments and legal experts.
The law, passed on Monday by a 62–48 vote, marks a shift in Israeli penal policy and caps years of advocacy by members of Prime Minister Benjamin Netanyahu’s right-wing coalition. Netanyahu attended the vote but did not speak after the result.
Under the legislation, capital punishment by hanging becomes the default sentence for Palestinians in the occupied West Bank convicted of nationalist killings in military courts. Civilian courts may also impose the death penalty in similar cases, but with broader discretion.
Legal analysts say the structure effectively limits its application largely to Palestinians. Military courts, which try West Bank Palestinians, would be required to impose the death penalty except in exceptional cases. Civilian courts, which handle Israeli citizens, retain the option of life imprisonment.
The law is not retroactive and will not apply to those already in custody, including suspects linked to the October 7, 2023 attacks that triggered the war in Gaza.
The legislation is due to take effect within 30 days but is expected to face immediate legal challenges. The Association for Civil Rights in Israel said it had petitioned the Supreme Court, arguing the law is discriminatory and exceeds parliamentary authority over non-citizens in occupied territory.
Amichai Cohen of the Israel Democracy Institute said the measure raises serious questions under international law. “Israel’s parliament should not be legislating for the West Bank,” he said.
The vote followed hours of debate in the Knesset, where opposition lawmakers warned the bill could violate international norms and weaken judicial standards. Critics pointed to provisions allowing death sentences without unanimous rulings and the absence of clemency.
“This is a law where a person can be sentenced to death without a unanimous verdict,” said opposition lawmaker Gilad Kariv. “Is this justice?”
Supporters framed the law as a deterrent. National Security Minister Itamar Ben-Gvir, who led the push, said it would send a clear message. “Anyone who takes a life will know the state will take theirs,” he said.
Coalition lawmakers applauded the vote, while some opposition members left the chamber before proceedings ended.
International reaction was swift. Foreign ministers from Australia, Britain, France, Germany and Italy urged Israel to abandon the law, calling it “de facto discriminatory” and arguing capital punishment has no proven deterrent effect.
Rights groups warned the measure could deepen tensions and expose Israeli personnel to legal risks abroad. Some Israeli lawmakers said it could complicate future hostage negotiations, noting past exchanges involving large prisoner swaps.
Israel retains the death penalty for exceptional crimes such as genocide and wartime treason but has rarely used it. The only execution carried out by the state was that of Nazi war criminal Adolf Eichmann in 1962.
Security officials have previously opposed expanding capital punishment, warning it could provoke retaliatory attacks.
The law also comes amid broader efforts within the governing coalition to assert control over the West Bank, with some members advocating annexation. A separate bill addressing suspects from the October 2023 attacks remains under consideration.
The legislation’s fate is now likely to be decided in court, setting up a legal and political test over its implementation.