By : Dr. Haytham Ereifej
Jordan Daily – The Israeli Knesset recently passed, in its preliminary reading, a draft law permitting the imposition of the death penalty on Palestinian detainees accused of killing Israelis on nationalist or political grounds. Although the law has not yet entered into force, its introduction alone has triggered significant controversy within Israel and widespread international condemnation. The proposal is viewed as discriminatory in nature and fundamentally incompatible with core principles of international humanitarian law and human rights law.
The draft law authorizes both military and civil courts to impose capital punishment in cases involving fatalities motivated by nationalist intent. While the wording may appear broad, the legislative debates and political rhetoric surrounding the proposal make explicit that the targeted group is Palestinians alone- whether from the West Bank, Gaza, Jerusalem, or even Palestinian citizens of Israel.
This implicit but unmistakable targeting, celebrated notably by extremist Minister Itamar Ben Gvir, transforms the law into a punitive tool directed against a specific national group, thereby institutionalizing discrimination.
Legal Violations Embedded in the Law :
1. Violation of the Principle of Non-Discrimination
International human rights law strictly prohibits discrimination based on race, religion, or national origin.
Article 2 of the International Covenant on Civil and Political Rights (ICCPR) mandates equal protection and equal enjoyment of rights without distinction.
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) obligates states to abstain from enacting discriminatory legislation.
Because the proposed law applies exclusively to Palestinians and not to Israelis who commit similar crimes, it directly undermines the principle of equality before the law.
2. Contradiction with International Humanitarian Law
The Geneva Conventions affirm:
-The protection of detainees.
– Respect for their basic rights.
– The prohibition of punitive or retaliatory measures.
Moreover, international occupation law grants special legal protection to residents of occupied territories against collective or identity-based punishment. This proposed law, rather than addressing individual criminal responsibility, reflects a collective punitive policy tied to ethnic and national identity.
3. Capital Punishment as an Internationally Declining Practice
Over 70% of states worldwide have abolished or suspended the death penalty. The global trend is moving toward recognizing execution as a cruel, inhuman, and irreversible form of punishment, incompatible with modern conceptions of human dignity.
Structural Discrimination at the Core of the Proposal
The discriminatory nature of the law is evident in three dimensions:
1. National Discrimination: Jewish Israeli perpetrators of violence against Palestinians are not subject to the same penalty.
2. Political Discrimination: Palestinian acts are broadly labeled as “terrorism,” while similar acts by Israelis are often reframed as isolated, psychological, or defensive incidents.
3. Judicial Discrimination: Palestinians are tried in military courts, while Israelis appear before civil courts- creating fundamentally unequal legal standards.
Notably, Opposition Emerges from Within Israel Itself
Resistance to the bill has not been limited to Palestinians or human rights groups. Former Israeli military officials, intelligence officers, and influential political figures have openly criticized the proposal, arguing that:
1. It endangers Israeli security:
-Executions could escalate future retaliatory attacks.
-It would close the door on prisoner exchange negotiations.
-It risks exposing Israeli soldiers to reciprocal execution if captured.
2. It politicizes the judiciary: Turning courts into instruments of nationalist retaliation erodes judicial independence.
3. It worsens Israel’s international standing: Adopting this law during or after the devastating war in Gaza will deepen global condemnation, particularly from the EU, UN bodies, and international rights organizations.
The proposed law to execute Palestinian prisoners is not a neutral criminal justice measure. It is a politically charged and identity-based legislative instrument that contradicts established norms of international humanitarian law, human rights law, and the fundamental principles of justice and equality.
Even voices from within Israel recognize that such a law would not deter violence but instead intensify cycles of retaliation, obstruct prospects for negotiations, and diminish the possibility of any political settlement.
The genuine path to stability does not lie in exceptional punitive legislation, but in addressing the roots of the conflict: the pursuit of justice, recognition of rights, ending occupation, and establishing a just peace that upholds human life and dignity- regardless of national identity.