Amid escalating pressure on Palestinian prisoners in Israeli jails, right-wing parties in Israel have revived a controversial and discriminatory bill that mandates the death penalty for Palestinian detainees accused of attacks that result in Israeli deaths.
On September 28, the Knesset’s National Security Committee approved the bill during a parliamentary recess, paving the way for its first reading before the full assembly. Under the proposed law, Israel’s Defense Minister would have authority to issue orders allowing military courts in occupied territories to impose the death sentence on Palestinian prisoners—without requiring a unanimous verdict, but only a majority vote.
The legislation also forbids any judicial body from later mitigating the penalty once a death sentence is finalized. It specifically targets Palestinians, underscoring its racially discriminatory nature.
The bill was introduced by Knesset member Son Har Melikh of the Jewish Power party, led by far-right National Security Minister Itamar Ben-Gvir, who stated that its aim is “to create heavy deterrence and impose the death penalty on prisoners.”
Though this proposal is not new—it was first approved in preliminary reading in November 2018 and was a key condition for Ben-Gvir’s participation in the government formed in late 2022—it was reintroduced with amendments after he joined Netanyahu’s government. The preliminary approval in 2023 followed shortly.
Institutionalized Crime
Although the law has not yet been finalized, prisoner rights organizations view it as an alarming step toward legitimizing practices that have long been part of the occupation’s treatment of detainees. In a statement following committee approval, these groups warned that Israel is using military legislation to provide a veneer of legality to longstanding abuses against Palestinian prisoners.
They point to decades of what they describe as “slow executions” carried out through systematic neglect—medical starvation, denial of care, harsh conditions—that have resulted in dozens of martyrdoms. Rights experts say the suffering of prisoners has escalated significantly since the current war began.
Prisoners Affairs specialist Hassan Abd Rabbo described the bill’s progress in the Internal Affairs and Security Committee as dangerously extreme. He addaed that the bill has racist, revenge-driven motivations aimed at criminalizing Palestinian resistance. “They want to treat the Palestinian prisoner like a criminal or terrorist,” he said. “This contradicts every international standard that allows for resisting occupation.”
He emphasized that while much of the world is abolishing the death penalty—even for the most heinous crimes—Israel is moving toward greater extremism in its treatment of Palestinian prisoners. He also criticized military courts in Israel for lacking the framework of fair trials, saying they fail to meet basic standards of fairness and impartiality.
Critics also note the bill continues a pattern of racialized legislation aimed at deepening the hardships of prisoners—such as forcibly ending hunger strikes, withholding bodies of the dead, and suspending family visits.
Executions Without Trial
Although the law is still proposed, advocates say that it merely codifies a reality already occurring outside full judicial process. Since the start of the war, 75 prisoners have died inside Israeli facilities—some allegedly from torture to death, others from medical neglect and starvation.
Additionally, Israeli forces have reportedly carried out hundreds of extrajudicial killings in the West Bank since 2022, targeting Palestinians accused of resistance often without arrest or trial. Researcher Samih Saleem noted dozens of cases involving undercover units, or “mista’arvim,” executing individuals who posed minimal threat.
He said such operations sometimes involve Palestinians accused of throwing stones or even firing without causing injury, under claims of being “time bombs.” In some instances, women and children were allegedly killed at checkpoints over alleged stabbings—or even attempts at it—before they ever posed real danger.
Political Theater or Legal Shift?
Specialist Imad Abu Awad believes the law is unlikely to pass in its current form but warns that even its proposal marks a dangerous precedent. He also added that the bill’s revival reflects Ben-Gvir’s electoral strategy, which uses capital punishment as both deterrent and political identity.
He noted the law faces opposition from coalition partners like Likud and the Haredi parties. Many view it as serving only the narrow ambitions of religious Zionist factions.
Abu Awad added that for Ben-Gvir, even the act of introducing the law offers propaganda value: it allows him to claim he is fulfilling electoral promises, while blaming opponents for blocking its passage.
Legal analysts also highlight the risks Israel would face abroad: such a law could jeopardize relations with democratic countries and invite condemnation under international human rights law. Some prisoners, however, reportedly view death as preferable to life sentences, though these are complex and dangerous calculations.
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