Amnesty Blasts Israeli Death Penalty Bill as 'Institutionalized Discrimination Against Palestinians'

As Israel continues its "silent genocide" in the Gaza Strip one month into a supposed ceasefire with Hamas and Israeli settler attacks on Palestinians in the illegally occupied West Bank hit a record high, Amnesty International on Tuesday ripped the advancement of a death penalty bill championed by far-right National Security Minister Itamar Ben-Gvir.

Israel's 120-member Knesset "on Monday evening voted 39-16 in favor of the first reading of a controversial government-backed bill sponsored by Otzma Yehudit MK Limor Son Har-Melech," the Times of Israel reported. "Two other death penalty bills, sponsored by Likud MK Nissim Vaturi and Yisrael Beytenu MK Oded Forer, also passed their first readings 36-15 and 37-14."

Son Har-Melech's bill—which must pass two more readings to become law—would require courts to impose the death penalty on "a person who caused the death of an Israeli citizen deliberately or through indifference, from a motive of racism or hostility against a population, and with the aim of harming the state of Israel and the national revival of the Jewish people in its land."

Both Hamas—which Israel considers a terrorist organization—and the Palestine Liberation Organization slammed the bill, with Palestinian National Council Speaker Rawhi Fattouh calling it "a political, legal, and humanitarian crime," according to Reuters.

Amnesty International's senior director for research, advocacy, policy, and campaigns, Erika Guevara Rosas, said in a statement that "there is no sugarcoating this; a majority of 39 Israeli Knesset members approved in a first reading a bill that effectively mandates courts to impose the death penalty exclusively against Palestinians."

Amnesty opposes the death penalty under all circumstances and tracks such killings annually. The international human rights group has also forcefully spoken out against Israeli abuse of Palestinians, including the genocide in Gaza that has killed over 69,182 people as of Tuesday—the official tally from local health officials that experts warn is likely a significant undercount.

"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians."

“Knesset members should be working to abolish the death penalty, not broadening its application," Guevara Rosas argued. "The death penalty is the ultimate cruel, inhuman, and degrading punishment, and an irreversible denial of the right to life. It should not be imposed in any circumstances, let alone weaponized as a blatantly discriminatory tool of state-sanctioned killing, domination, and oppression. Its mandatory imposition and retroactive application would violate clear prohibitions set out under international human rights law and standards on the use of this punishment."

"The shift towards requiring courts to impose the death penalty against Palestinians is a dangerous and dramatic step backwards and a product of ongoing impunity for Israel's system of apartheid and its genocide in Gaza," she continued. "It did not occur in a vacuum. It comes in the context of a drastic increase in the number of unlawful killings of Palestinians, including acts that amount to extrajudicial executions, over the last decade, and a horrific rise of deaths in custody of Palestinians since October 2023."

Guevara Rosas noted that "not only have such acts been greeted with near-total impunity but with legitimacy and support and, at times, glorification. It also comes amidst a climate of incitement to violence against Palestinians as evidenced by the surge in state-backed settler attacks in the occupied West Bank."

Prime Minister Benjamin Netanyahu launched the devastating assault on Gaza in response to the Hamas-led attack on southern Israel on October 7, 2023. Since then, Israeli soldiers and settlers have also killed more than 1,000 Palestinians in the West Bank, according to the United Nations Office for the Coordination of Humanitarian Affairs.

Netanyahu is now wanted by the International Criminal Court for war crimes and crimes against humanity, and Israel faces an ongoing genocide case at the International Court of Justice. The ICJ separately said last year that Israel's occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end; the Israeli government has shown no sign of accepting that.

The Amnesty campaigner said Tuesday that "it is additionally concerning that the law authorizes military courts to impose death sentences on civilians, that cannot be commuted, particularly given the unfair nature of the trials held by these courts, which have a conviction rate of over 99% for Palestinian defendants."

As CNN reported Monday:

The UN has previously condemned Israel's military courts in the occupied West Bank, saying that "Palestinians' right to due process guarantees have been violated" for decades, and denounced "the lack of fair trial in the occupied West Bank."

UN experts said last year that, "in the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution—the Israeli military."

Pointing to the hanging of Nazi official and Holocaust architect Adolf Eichmann, Guevara Rosas highlighted that "on paper, Israeli law has traditionally restricted the use of the death penalty for exceptional crimes, like genocide and crimes against humanity, and the last court-ordered execution was carried out in 1962."

"The bill's stipulation that courts should impose the death penalty on individuals convicted of nationally motivated murder with the intent of 'harming the state of Israel or the rebirth of the Jewish people' is yet another blatant manifestation of Israel's institutionalized discrimination against Palestinians, a key pillar of Israel’s apartheid system, in law and in practice," she asserted.

"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians," she added. "Israeli authorities must ensure Palestinian prisoners and detainees are treated in line with international law, including the prohibition against torture and other ill-treatment, and are provided with fair trial guarantees. They must also take concrete steps towards abolishing the death penalty for all crimes and all people."