The United Nations has warned that a new Israeli law introducing the death penalty for certain terrorist offences could constitute a war crime if applied to Palestinians in the occupied territories.
Volker Türk, the UN High Commissioner for Human Rights, said the legislation represents a “serious violation of international law”, particularly if implemented in the occupied Palestinian territories.
“The implementation of this discriminatory law would constitute an additional and particularly serious violation of international law,” Türk said in a statement. “Its application to residents of the occupied Palestinian territory would amount to a war crime.”
New law introduces death penalty for certain attacks
The legislation was approved on Monday by Israel’s parliament, the Knesset, and introduces the death penalty for Palestinians convicted of carrying out deadly attacks.
Under the law, individuals convicted of fatal attacks intended to harm Israeli citizens or residents could face either life imprisonment or the death penalty.
In military courts operating in the occupied West Bank, however, the legislation makes the death sentence effectively mandatory for Palestinians convicted of terrorism-related offences.
The law also lowers the threshold for imposing the death penalty, allowing courts to reach such decisions by a simple majority rather than a unanimous ruling.
Separate legal systems for Israelis and Palestinians
The legislation establishes two different judicial tracks: one through Israel’s civilian criminal courts and another through military courts operating in the occupied Palestinian territories.
Military courts in the West Bank operate under Israeli military administration and primarily prosecute Palestinians living under military law.
Human rights groups say this dual system could lead to discriminatory application of capital punishment.
Executions under the new legislation would be carried out within 90 days of conviction, according to the text of the law.
Rare use of death penalty in Israel
Since the establishment of the State of Israel, capital punishment has been used only twice.
The first execution took place in 1948, when army officer Meir Tobianski was executed after being accused of espionage. He was later posthumously exonerated.
The second and only confirmed execution carried out following a full judicial process occurred in 1962, when Nazi official Adolf Eichmann was executed after being convicted of crimes against humanity.
Political support for the law
The legislation was promoted by members of the far-right party Otzma Yehudit and supported by lawmakers from the ruling Likud party and the nationalist party Yisrael Beitenu.
Israel’s National Security Minister Itamar Ben-Gvir was one of the main advocates of restoring the death penalty. During the campaign for the law, he drew attention by wearing a lapel pin shaped like a gallows.
Critics say the push for the legislation may also be linked to political pressures ahead of elections expected later this year.
Criticism from human rights organisations
Human rights organisations in Israel and the Palestinian territories strongly criticised the law.
Groups such as B'Tselem and Physicians for Human Rights Israel warned that the legislation risks deepening discrimination against Palestinians and undermining legal protections.
Lawyer Sahar Francis, based in Ramallah, said the law introduces clear discrimination and could not legally be applied to populations living under occupation.
Opposition lawmakers in Israel have also expressed concern about the potential consequences of the law, including its possible impact on Israeli hostages.
International criticism
The European Union has described the legislation as “deeply concerning”, reiterating its opposition to the death penalty in all circumstances.
Spanish Prime Minister Pedro Sánchez also criticised the law, calling it “another step toward apartheid” in a message posted on social media.
“Same crime, different punishment,” Sánchez wrote. “The world cannot remain silent.”
Türk urged Israel to repeal the law, warning that it raises serious concerns regarding fair trial standards and discriminatory treatment under international law.