Deeply discriminatory: UN calls for rollback of Israel’s new death penalty law

The United Nations rights chief on Tuesday urged Israel to repeal a newly passed law that makes death by hanging the default sentence for Palestinians convicted in military courts of carrying out deadly attacks, warning that the legislation violates international humanitarian law and raises serious due process concerns.

In a statement, UN High Commissioner for Human Rights Volker Trk said the law “raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed.” He flagged provisions that eliminate the possibility of clemency and mandate executions within 90 days, saying such measures undermine fair trial guarantees and fundamental rights.

United Nations experts have also expressed concern that the law contains “vague and overbroad” definitions of terrorism, raising the risk that individuals could face the death penalty for acts that do not meet the threshold of genuine terrorist activity.

The European Union also voiced strong concern, calling the move “a clear step backwards.” A European Commission spokesperson said the law risks breaching international legal standards and urged Israel to uphold its commitments to democratic principles and the rule of law, though he declined to speculate on any punitive steps the bloc might consider.

“This is a clear step backwards. We call on Israel to abide by its previous principled position, its obligation under international law and its commitment to democratic principles,” he said.

Israel’s parliament approved the legislation on Monday, fulfilling a key demand of Prime Minister Benjamin Netanyahu’s far-right coalition partners. The law makes capital punishment the default sentence for Palestinians convicted in military courts of killing Israelis, with limited scope for exceptions under unspecified “special circumstances”.

The bill was spearheaded by National Security Minister Itamar Ben-Gvir, a hardline figure who has argued that imposing the death penalty would serve as a deterrent against attacks similar to the Hamas-led assault on October 7, 2023. That attack killed nearly 1,200 people in Israel and triggered a prolonged Israeli military campaign in Gaza that has since resulted in tens of thousands of Palestinian deaths.

Critics say the legislation disproportionately targets Palestinians living under military occupation in the West Bank. Military courts in the territory try only Palestinians and, according to rights groups, have conviction rates approaching 100 per cent. The new law directs these courts to impose death sentences in most cases involving the killing of Israelis.

Even before its passage, the bill drew condemnation from key European allies. The foreign ministers of Germany, France, Italy and Britain warned in a joint statement that the measure carries a “de facto discriminatory” character and could undermine Israel’s democratic commitments.

Human rights organisations, including Amnesty International, have reiterated that there is no evidence the death penalty is more effective than life imprisonment in deterring crime. Israeli rights groups have indicated they will challenge the law in the country’s Supreme Court.

Palestinian advocacy groups say the new law heightens fears for detainees already held in Israeli prisons. Abdallah Al Zughari, head of the Palestinian Prisoner’s Club, warned that the measure poses a “major threat” to prisoners, alleging that detainees have already been subjected to harsh conditions since the start of the Gaza war.

Israeli authorities have denied allegations of systemic abuse in detention facilities.

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