Death penalty law for Palestinian prisoners comes into force in West Bank

The law allows judges to replace a death sentence with life imprisonment if exceptional circumstances are identified.

Israel has officially implemented a law allowing military courts in the occupied West Bank to hand down death sentences to Palestinian prisoners after a military order was signed by the commander of the Israeli army’s Central Command.

Israeli media outlets Haaretz and Times of Israel reported that Major General Avi Blot approved the order on Sunday evening, May 17, bringing the legislation into effect across the occupied territory.

The measure applies to Palestinians accused of carrying out deadly attacks against Israelis for ideological reasons. The law allows judges to replace a death sentence with life imprisonment if exceptional circumstances are identified.

Knesset passed law on March 31

Israel’s parliament approved the legislation on March 31 with support from Prime Minister Benjamin Netanyahu and National Security Minister Itamar Ben-Gvir.

The bill passed with 62 lawmakers voting in favour, 48 opposing it and one abstaining.

Under the legislation, military courts can impose capital punishment without requiring a request from prosecutors or a unanimous ruling from judges. Reports said a simple majority is enough to issue a death sentence.

The law also details execution procedures, including hanging, while granting anonymity and legal immunity to prison staff involved in carrying out sentences.

Legal concerns raised in Israel

Israeli legal experts reportedly warned during committee discussions that extending Israeli legislation to Palestinians in the occupied West Bank marked a significant legal departure.

Lilach Wagner, a representative of Israel’s Justice Ministry, reportedly told lawmakers that enforcing the death penalty through civilian legislation in occupied territory posed serious legal challenges.

Israeli Defence Minister Yisrael Katz defended the legislation, saying Palestinians convicted of deadly attacks against Israelis should not remain eligible for future prisoner exchange agreements.

International criticism

The move has triggered criticism from Palestinian officials, European governments and rights groups.

The Palestinian Presidency described the law as a violation of international humanitarian law and fair trial protections.

Meanwhile, United Kingdom, France, Germany and Italy voiced concern over the legislation, while the European Commission reiterated its opposition to capital punishment in all circumstances.