Israel Enacts Ethnicity‑Based Death Penalty Law, Prompting Fresh Apartheid Accusations

Israel’s parliament has approved a law that authorises the death penalty solely for Palestinians convicted in West Bank military courts for what the courts define as "terrorism" killings of Israelis. The measure was greeted with celebration by far‑right politicians, yet it has drawn swift rebuke from the United Nations human‑rights chief, who warned it could constitute a war crime, and from a broad coalition of international observers.

Israeli rights organisations argue that the law is the latest manifestation of an apartheid‑style legal framework that systematically privileges Jewish citizens while imposing severe penalties on Palestinians. They contend that such legislation entrenches a system of codified discrimination that has evolved since the state’s founding.

Under the new rule, military tribunals in the occupied West Bank – which exclusively try Palestinians – will, by default, impose the death sentence on anyone found guilty of an unlawful killing of Israelis classified as terrorism. In contrast, Israeli citizens charged with comparable offences in the same territory are tried in civilian courts, where the death penalty is not applied.

Statistics underscore the disparity: conviction rates for Palestinians in military courts hover at an astonishing 99.74%, whereas Israelis tried for crimes committed in the West Bank have a conviction rate of roughly 3% between 2005 and 2024. These figures highlight the stark imbalance in judicial outcomes.

Arab‑Israeli lawmaker Aida Touma‑Suleiman of the Hadash party expressed her dismay, leaving the parliamentary chamber after the vote and stating she anticipated “scenes of happiness” from far‑right figures but was “painful” to see the public echo the same sentiment.

The law follows a series of statutes that critics say have progressively eroded Palestinian rights, including the 1950 Absentees’ Property Law, the 2003 Citizenship and Entry into Israel Law, and the 2018 Nation‑State Law, which enshrines Jewish supremacy in identity, settlement policy, and constitutional hierarchy while marginalising Arabic.

Human‑rights advocate Yair Dvir of B’Tselem described Israel as an “apartheid regime,” noting that a “whole set of laws” differentiate between Jews and Palestinians and that the death‑penalty legislation is less an outlier than a logical extension of existing policies that deny Palestinians the right to life.

Analysts argue that the dehumanisation of Palestinians has deepened to the point where capital punishment can be enacted with minimal dissent and even public celebration by parliamentarians.

Physician‑rights activist Tirza Leibowitz of Physicians for Human Rights – Israel warned that the law exemplifies a broader pattern of violations, ranging from inhumane prison conditions to a legal system that often refuses to investigate crimes against Palestinians or actively shields abusive practices.

She cited the unresolved deaths of more than 100 Palestinians in the West Bank since the October 2023 Gaza conflict, highlighting the case of 17‑year‑old Walid Ahmad, whose death by starvation in custody was ruled “undeterminable” by an Israeli judge, as evidence of the low value placed on Palestinian lives.

Leibowitz also pointed to the recent dropping of charges against soldiers accused of sexual abuse at Sde Temain prison, noting that far‑right protesters, including lawmakers, rallied in support of the accused, further normalising systemic abuse.

Touma‑Suleiman linked the new law to the 2018 Nation‑State legislation, recalling a confrontation with Prime Minister Benjamin Netanyahu in which he dismissed her criticism, insisting Israel remains “the Middle East’s only democracy.” She later observed that far‑right leader Itamar Ben‑Gvir has openly chanted “Death to Arabs,” rebranding it as “Death to terrorists,” thereby blurring the line between extremist rhetoric and state policy.

Overall, the death‑penalty law is being portrayed by critics as a stark illustration of an entrenched apartheid system, raising serious questions about Israel’s adherence to international legal standards and the future of Palestinian rights under occupation.