Israel’s parliament approved a bill on Monday that would allow the execution of Palestinians convicted on terror charges for deadly attacks, a move that has been criticised as discriminatory and immediately drew a court challenge.
Sixty-two lawmakers, including Prime Minister Benjamin Netanyahu, voted in favour and 48 against the bill, championed by far-right National Security Minister Itamar Ben Gvir.
There was one abstention and the rest of the lawmakers were not present.
The legislation would make the death penalty the default punishment for Palestinians in the Israeli-occupied West Bank found guilty of intentionally carrying out deadly attacks deemed “acts of terrorism” by an Israeli military court.
The legislation says that the sentence may be reduced to life imprisonment under “special circumstances”.
Palestinians in the West Bank are automatically tried in Israeli military courts.
Meanwhile, under the legislation, in Israeli criminal courts anyone “who intentionally causes the death of a person with the aim of harming an Israeli citizen or resident out of an intention to put an end to the existence of the state of Israel shall be sentenced to death or life imprisonment”.
Criminal courts try Israeli nationals, including Palestinian citizens and residents of east Jerusalem.
The legislation sets the execution method as hanging, adding that it should be carried out within 90 days of the sentencing, with a possible postponement of up to 180 days.
‘Parallel tracks’
The legislation appears to conflict with Israel’s Basic Laws, which prohibit arbitrary discrimination, and shortly after it was passed, a leading human rights group announced that it had filed a petition with the Supreme Court demanding the legislation’s annulment.
“The law creates two parallel tracks, both designed to apply to Palestinians,” the Association for Civil Rights in Israel said in a statement.
“In military courts, which have jurisdiction over West Bank Palestinians, it establishes a near-mandatory death sentence,” the rights group said.
In civilian courts, the law’s stipulation that defendants must have acted “with the aim of negating the existence” of Israel “structurally excludes Jewish perpetrators”, the group added.
The association argued the law should be annulled on both jurisdictional and constitutional grounds.
During the debate in parliament, opposition lawmaker and former deputy Mossad director, Ram Ben Barak, expressed outrage at the legislation.
“Do you understand what it means that there is one law for Arabs in Judea and Samaria, and a different law for the general public for which the State of Israel is responsible?” he asked fellow parliamentarians, using the Israeli name for the West Bank.
“It says that Hamas has defeated us. It has defeated us because we have lost all our values.”
‘Discriminatory application’
In February, Amnesty International had urged Israeli lawmakers to reject the legislation, citing its “discriminatory application against Palestinians”.
On Sunday, Britain, France, Germany and Italy expressed “deep concern” over the legislation, which they said risked “undermining Israel’s commitments with regards to democratic principles”.
