EU/Israel: Adoption of death penalty law by the Israeli Knesset requires urgent EU measures – Joint statement

The Israeli Knesset has approved legislation that effectively mandates the death penalty for Palestinians convicted of terrorism-related killings in the West Bank, according to a joint statement released by a coalition of international human rights and humanitarian organizations.

The bill, introduced by the party of Minister of National Security Itamar Ben-Gvir, expands the application of capital punishment across both military and civilian courts. While Israeli law previously permitted the death penalty for genocide and wartime espionage, the state has not carried out an execution since 1962. The new law alters this precedent by establishing the death penalty as the default sentence for intentional killings classified as acts of terrorism under Israeli legislation within the West Bank, excluding East Jerusalem.

Under the new provisions, life imprisonment may only be granted in “special circumstances,” though the law does not define what those circumstances entail. The legislation further streamlines the judicial process by allowing military courts to impose capital punishment via a simple majority vote, even in the absence of a request from the prosecution. Once a sentence is handed down, it cannot be commuted or pardoned and must be carried out within 90 days.

The legislation explicitly excludes Israeli settlers living in the West Bank from the scope of these provisions. For those within Israel, civilian courts may apply the death penalty or life imprisonment for intentional killings if the act is deemed to have been committed with the intent of “negating the existence of the State of Israel.”

A coalition of more than 30 organizations—including Amnesty International, Human Rights Watch, Oxfam, and the International Federation for Human Rights (FIDH)—described the law as a discriminatory regime designed to target Palestinians on ethnic and national grounds. The organizations highlighted an “exceptional execution regime” involving death by hanging, conducted under a veil of secrecy with restricted access to legal counsel and external oversight.

The signatories argue that the law violates multiple international frameworks, including the Fourth Geneva Convention, the Hague Regulations, the International Covenant on Civil and Political Rights, and the Convention Against Torture. They contend that the lack of due process and the discriminatory application of the law breach the fundamental right to life.

This legislative development follows a July 19, 2024, Advisory Opinion from the International Court of Justice (ICJ), which characterized Israel’s policies in the West Bank as a de facto annexation and found that certain practices violated Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which prohibits racial segregation, and apartheid.

The humanitarian organizations linked the adoption of the death penalty law to a broader pattern of policies, citing the ban on UNRWA, the advancement of settlement construction in the E1 area to prevent Palestinian territorial contiguity, and reported systemic torture of Palestinian prisoners. These developments occur alongside an ongoing humanitarian crisis in Gaza, which a UN Commission of Inquiry and various independent experts have characterized as constituting genocide.

The European Union has historically opposed capital punishment as incompatible with human dignity. In a statement issued on March 31, EU High Representative for Foreign Affairs Kaja Kallas referenced the EU-Israel Association Agreement, which identifies respect for democratic principles as a cornerstone of the bilateral relationship. A June 2025 review conducted by the EU under Article 2 of that agreement concluded that Israel had breached its human rights obligations through serious abuses in Gaza, the West Bank, and East Jerusalem.

The coalition of NGOs is now calling on the European Union to move beyond diplomatic engagement, which they describe as ineffective. The organizations are demanding the immediate suspension of the trade component of the EU-Israel Association Agreement, as well as the implementation of other measures proposed by European Commission President Ursula von der Leyen in September 2025.

The European Union has not yet announced a formal decision regarding the suspension of trade preferences.

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Omar El Sayed - World Editor

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